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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal records] On November 29, 2017, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Seoul Southern District Court, which became final and conclusive on December 7, 2017, and is currently under suspended sentence.
[Criminal facts]
1. On February 21, 2018, the Defendant, around February 21, 2018, lent 300,000 won to the victim AO (24 years old) who is an employee of convenience stores, for an agreement to cause a contact accident, at around 01:00, around February 21, 2018.
“Along with the receipt of KRW 3 million from the injured party in cash, the Plaintiff continued to receive KRW 3 million from the injured party, and “Along with the payment of KRW 2 million by telephone to the party for the said KRW 300,000,000,000 from the party’s account, the Plaintiff deposited the money to the party’s new account, and the Plaintiff paid the money again to the party’s account, so it would be deposit KRW 1,50,000,000,000,000 won later.”
However, there was no traffic accident at the time, and there was no fact that the Defendant deposited KRW 2,00,000 in the victim's account, and there was no special income from the basic living beneficiary, so there was no intention or ability to repay the money with others even if they borrowed money from others.
The defendant deceivings the victim as above and received KRW 300,000 in cash from the victim on February 21, 2018, and deposited KRW 1,500,000 in the Kakao Bank Account (O) under the name of the defendant on the same day, and received KRW 200,000 from the above account under the name of the defendant on February 22, 2018.
2. Fraud on February 22, 2018
A. The Defendant, around 10:00 on February 22, 2018, at a non-permanent “Z” restaurant located in the Gwanak-gu Seoul Special Metropolitan City AY located in the Seoul Special Metropolitan City, the Defendant is required to subscribe to KRW 10 million to the 100 million system, and deposit KRW 100 million with the 100 million system immediately. As such, the Defendant is expected to pay KRW 10 million on a one-time basis as well as KRW 10 million on a one-time basis.
“.....”
However, the defendant joined the military court at the time.