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A defendant shall be punished by imprisonment for a term of one year and eight months.
Reasons
Punishment of the crime
【The Defendant was sentenced to three years of imprisonment for fraud at the Jeju District Court on May 29, 2013, and completed the execution of the sentence at the Heung prison on December 20, 2015.
[Criminal Facts]
1. The Defendant, on May 23, 2016, called “E” restaurant operated by the victim D in Jeju-si at a place where it is impossible to identify the place of Incheon or lower on May 23, 2016, by phoneing the victim D in Jeju-si, and doing so to group tourists.
It is possible to make a reservation and make a telephone again to the above restaurant after the locking, and not deposit money due to the lack of a security card to forward money to the travel agency.
If N.N. deposits the money first, I would like to go to the restaurant.
“A false representation was made.”
However, in fact, even if the defendant received money from the injured party, he was thought to consume money due to living expenses, etc., and there was no fact that he led the group tourists to the above restaurant, and therefore there was no intention or ability to return the cash to the injured party.
The Defendant, as seen above, was accused of the victim and received 2.50,000 won from the victim to the national bank account under the name of the Defendant on the same day, and received from June 24, 2016 the sum of KRW 4,240,000 by the same method over 25 times, as shown in the list of crimes Nos. 1.
2. On May 20, 2016, the Defendant attempted to commit fraud by calls to the cafeteria “H” restaurant operated by the victim G in the Jeju City in a place where it is unknown to the extent of Incheon or lower on May 20, 2016, and conducts as if he were to go to the group customer in the same manner as that of paragraph 1, and the victim did not transfer money to the travel agent. As such, the Defendant did not have a security card and did not make a transfer, 300,000 won is remitted to the Jeju cafeteria, thereby making a false statement.