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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
1. Around October 31, 2012, the fraud defendant against the victim B made a false statement to the victim B, who was a guest at the D Beauty Room operated by the defendant in the Gwangju Mine-gu Seoul metropolitan store 104, stating, “I wish to lend only KRW 5 million, since the enrollment fee was insufficient, I will pay only one month.”
However, the defendant's children did not enter the university, and the defendant did not have any intention or ability to pay the amount even if he borrowed money from the victim because he did not have to pay the amount of 31.5 million won.
As such, the Defendant, by deceiving the victim, was transferred from the victim to the Defendant’s new deposit account on the same day.
In addition, from around that time to June 28, 2013, the Defendant obtained a total of KRW 14 million on four occasions, such as the list of crimes (1) as shown in the attached Table of Crimes (1), and acquired it by fraud.
2. Around May 1, 2013, at the same place as Paragraph 1, the Defendant against the victim E, the said D employee, concluded that “The victim E, who was an employee of the said D, has a lack of money in leaving the land at sea. If only KRW 5 million, if the Defendant borrowed the money at the maturity of the insurance policy in the following month, he/she would receive the payment of the money.”
However, the defendant did not have to purchase land in South and North Korea or receive insurance proceeds. At that time, the defendant did not have any intention or ability to repay the bonds even if he borrowed money from the victim because he did not return the bonds in excess of KRW 31.5 million.
As such, the Defendant, by deceiving the victim, received 4 million won in cash from the victim’s position.
In addition, from around that time to June 27, 2013, the Defendant acquired a total of KRW 7,044,550 on five occasions, such as the list of crimes (2) as shown in the attached Table of Crimes (2).
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement concerning B, E, F, and G;
1.Each.