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A defendant shall be punished by imprisonment for five years.
Reasons
Punishment of the crime
[criminal records] On October 11, 2013, the Defendant was sentenced to two years of imprisonment for the acquisition of stolen goods by the Seoul High Court, and the execution of the sentence was completed at the Ansan Prison on November 18, 2014.
On July 20, 2017, the prosecutor sentenced the defendant to two years of imprisonment for fraud at the Seoul Central District Court on July 20, 2017, and the judgment became final and conclusive on July 28, 201, the crime of fraud and the crime of this case, which became final and conclusive, constitute the concurrent crimes of the
“A public prosecution was instituted under the preceding paragraph.”
However, on December 8, 2017, the Defendant, after the prosecution of this case, appealed from the above ruling and appears to continue the appellate trial (Seoul Central District Court 2017No4836). Thus, the above ruling is not in the relation of concurrent crimes between the crime of this case and the crime of this case after Article 37 of the Criminal Act.
[Criminal facts]
1. Around 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) maintained the relationship between (i) a short-term loan to those who need to prove daily balance of the victim’s funds from around 100 million won and (ii) a part of the interest paid as interest to the victim during a short-term period of time from around 2015 to March 2016, and (iii) a short-term loan was made by borrowing KRW 650 million from the victim on March 25, 2016, and (iv) a short-term loan was made by borrowing KRW 650 million from the victim on March 25, 2016 to the victim on a short-term transaction at KRW 100 million.
The Defendant borrowed 1.1 billion won in addition to the victim under the pretext of proving daily balance to avoid returning the total amount of KRW 1.4 billion, including the above KRW 300 million.
Accordingly, on March 29, 2016, the Defendant operated by the Defendant of Seocho-gu Seoul Metropolitan Government OO shopping district P (ju) Q Q.