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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On December 19, 2014, the Defendant, “2015 Godan549,” was sentenced to imprisonment with prison labor for a crime of fraud in the Gwangju District Court’s net support on December 19, 2014, and the said judgment became final and conclusive on December 27, 2014.
1. Around April 2013, the criminal defendant against the victim C made a false statement to the victim C’s “E operated by the victim C in Gwangjin-gu, Jeonyang-nam, Seoul, to the effect that the victim C would have “successful bid organization. It is necessary to pay a successful bid without a framework if a prize is paid after joining the fraternity.”
However, at the time, the Defendant did not have any particular income, and the obligation incurred in the previous successful bidder was approximately KRW 380,000,000,000, and around KRW 300,000,000 won, and the Defendant joined the 30 successful bidder and paid the deposit amount exceeding KRW 80,00,000 per month, and thus, there was no intention or ability to pay the deposit amount normally even if it was paid by the victim.
The Defendant, as such, by deceiving the victim, received KRW 10,210,000 from the victim on May 3, 2013, KRW 2.5 million around June 4, 2013, KRW 1.6 million around July 4, 2013, KRW 1.6 million around August 5, 2013, KRW 1.6 million around September 4, 2013, and KRW 1.550,000 in total on six occasions around October 7, 2013 from the victim to the Agricultural Cooperative Account (F) in the name of the Defendant.
2. Fraud against victim G;
A. On April 2013, the Defendant made a false statement to the victim G by stating that “A successful bid should be organized, and a successful bid should be paid if a prize is paid after joining the fraternity,” from Mayang-si, Jeonyang-nam, the Defendant subscribed to the fraternity without a mold.”
However, the defendant did not have any intention or ability to pay the money even if he received the money from the victim for the same reason as the above paragraph 1.
As such, the Defendant, by deceiving the victim, shall be KRW 1.25 million from the victim on May 3, 2013; KRW 6.55 million from June 4, 2013; KRW 800,000 from July 4, 2013; KRW 830,000 from August 6, 2013; KRW 8.330,00 won from September 10, 2013; and KRW 4,360,000 in total on five occasions.