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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Criminal facts
1. Fraud against the N of a victim;
A. A. Around March 8, 2013, the Defendant made a false statement that “Around March 8, 2013, the Defendant would have to pay money to the Victim N at an unsound place” with the victim N. on the following grounds: “Around March 8, 2013, if the Defendant borrowed KRW 40 million, he/she would have to pay money within the draft.”
However, in fact, the Defendant had been operating a convalescent hospital at the time, and had been liable for the amount of 200 million won, as well as had been planned to repay other debts with the money borrowed from the victim and use the money for gambling, so there was no ability to repay the money even if he borrowed money from the victim.
Ultimately, the Defendant deceiving the victim as above, and received KRW 40 million from the victim to the Agricultural Cooperative Account under the name of the Defendant.
B. On October 21, 2014, around October 21, 2014, the fraud Defendant stated that “Around October 21, 2014, the victim N is obliged to operate a convalescent hospital in Goyang-si and the father has real estate equivalent to a few hundred billion won.” The father’s land obtained a bank loan as collateral and obtained a loan from the bank, and is in need of a loan fee of KRW 40 million.”
However, in fact, the defendant had been living in a separate trial due to the fraud case, and was planned to receive money from the victim to use it as the escape fund and gambling fund, so even if he borrowed money from the victim, he did not have the intent and ability to repay it.
Ultimately, the Defendant, as seen above, by deceiving the victim, received a total of KRW 7,967,00 from October 21, 2014 to January 13, 2015, a total of KRW 22 times from around October 21, 2014 to the Agricultural Cooperative Account in the name of O, as shown in the List of Crimes (1).
2. On January 10, 2015, the criminal defendant against the victim P is operating a convalescent hospital in childbed, which is located in Gangwon-do, Gangwon-do, and the victim P, who is a high school, via phone, to the victim P, and is operating a convalescent hospital in child delivery.
Recently, it has been sold.
However, the father's house.