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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On October 15, 2015, the Defendant was sentenced to imprisonment with prison labor for one month for fraud, fraud, fabrication of private documents, and deception of the above investigation document at the Daejeon District Court on May 15, 2015, and completed the execution of the sentence on May 1, 2016.
1. On May 7, 2017, the Defendant made a false statement to the effect that “The Defendant is preparing to operate the business in Gwangju, and to expand the business even in Chungcheongnamsan, the Defendant borrowed the money to be used as the down payment by three households of C apartment units in order to sell and purchase the money. It shall be paid immediately within 2-3 days from the lending of money.”
However, at the time, the defendant was working in a personal property and did not carry out the cryp business, and even if he borrowed money from the injured party due to full consumption of living expenses, etc., he did not have the intention or ability to complete the payment, and at the time, he did not have the intention or ability to purchase the apartment in three households because he did not have the intention or ability to purchase the money as a housing lease deposit, not a down payment for the purchase of apartment units.
The defendant obtained cash of KRW 3 million from the injured party to the cafeteria near the post office on the same day.
2. On May 8, 2017, the Defendant made a false statement to the effect that “The victim B, who is aware of the fact that he was preparing for the expansion of the business while carrying out the automobile trading business, as described in paragraph 1, at the automobile trading company located in the Rool-si, Mapo-si, was using the Defendant at the time of the purchase of the car in the inside and in the name of the automobile, with the amount of KRW 3 million borrowed before the face of the car, to pay the car price within 2-3 days, and to transfer the name.”
However, at the time, the defendant did not carry out the witter business as described in paragraph 1, and even if he did not have enough time due to full consumption of living expenses, etc., he will pay the automobile price even if he was paid the rocketing car from the victim.