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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[criminal power] On April 25, 2013, the Defendant was sentenced to one year and four months of imprisonment for fraud, etc. at the Daegu District Court. On May 13, 2014, the Defendant completed the execution of the sentence in the Daegu Prison.
[2015 Highest 4445]
1. On November 3, 2014, the Defendant made a false statement to the victim “I will work in the multilateral bank,” which is operated by the victim BC in the Daegu Seo-gu BB market.
However, the defendant did not have the intention or ability to perform a work even after receiving the advance payment.
The defendant obtained 1.2 million won from the victim and acquired it by fraud.
2. Around January 26, 2015, the Defendant made a false statement to the victim that “the victim, who is located in the Gyeongbuk-gun BE, would work as an employee on the front side of the advance payment,” in BG multilateral bank operated by BF.
However, the defendant did not have the intention or ability to perform a work even after receiving the advance payment.
The defendant acquired 4 million won from the victim to the single bank account (Account Number:O) in the name of the defendant.
[2015 Highest 4475] Around 12:00 on February 6, 2015, the Defendant and BH made a false statement to the effect that “BL, which operates a “BK” multilateral of the “BJ” of the operation of BH located in Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, means “BK” to the Defendant as “Irreh, as Irreh, with good faith and trust,” and the Defendant “Irreh, with good faith, from February 9, 2015 to B C, with an employee from February 9, 2015.”
However, even if the defendant received advance payment from the victim, the defendant did not have the intention or ability to work as an employee in the multilateral management of the victim, and BH was also aware of the fact.
The Defendant, in collusion with BH, by deceiving the victim as above, received KRW 1890,00 from the victim to the Daegu Bank Account under the name of BN on the same day.
Summary of Evidence
[2015 Highest 4445]
1. Each police officer against the defendant.