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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal Power] On June 14, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. at the Daegu District Court, and the said judgment became final and conclusive on June 14, 2013.
【Criminal Facts】
1. Around February 2012, the criminal defendant against the victim C made a false statement to the victim C at the “E” restaurant located in Daegu Suwon-gu D that read “E” to the victim C that “it is highly probable that the present observer distribution business is expected to be operated. Therefore, our observer distribution is defective, its partner money is invested, and its profits are paid 50%.”
However, at the time, the Defendant had not received 20 million won from F with the advance payment of the title of supply. Credit card debts were not good credit for the amount of KRW 15 million, and was the intent to use it for stock investment. Therefore, even if receiving the investment money from the victim, the Defendant did not have the intent or ability to pay the profit by operating the business.
The Defendant received a total of KRW 45 million from the victim on February 9, 2012, KRW 10 million on February 27, 2012, KRW 10 million on March 5, 2012, KRW 10 million on the Daegu Bank (Account Number H) in the name of G, and KRW 5 million on March 5, 2012 from the bank in the name of G, and acquired a total of KRW 45 million on four occasions.
2. On November 30, 2012, the Defendant made a false statement that “The Victim K will return KRW 5,700,000,000,000,000,000 including interest after this framework, if the Defendant invested KRW 5,000,000,000,000,000,000,000,000,000 won per day to the Victim K in the Cheongdong-gu, Daegu-gu, Daegu-gu, Daegu-gu.”
However, the Defendant had already been liable to pay KRW 30 million to another person at the time, and the Defendant had been in arrears with the credit card fee of KRW 15 million, and thus did not have any intent or ability to pay the said amount even if he borrowed money from the victim.
The defendant is designated by the defendant from the victim.