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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Criminal facts
On September 21, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the Busan District Court Branch Branch of the Incheon District Court, and the judgment became final and conclusive on September 26, 2016.
1. The Defendant: (a) around October 25, 2012, up to 200,000 won, 30 million won (26 Guide) numbers, organized at non-fluoral areas (hereinafter referred to as “non-fluoral areas”); (b) around April 25, 2014, the Defendant provided that “If the Defendant borrowed KRW 30,000,000 to pay in advance the interest of KRW 30,000,000,000,000,000 to the victim B who received KRW 113-7,000,000 from a park near the Southern-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul; and (c) paid the interest of KRW 30,000,000 to the time of repayment; and (d) paid the interest of KRW 1,000,000 to the next system.”
However, at the time of fact, the Defendant had been operating the system to prevent the return because there was no particular income or property, while the Defendant had been operating the system to prevent the return because it was not well operated, and even if he was paid the system once, he did not have any intent or ability to complete the payment even if he borrowed money from the damaged person, since he was able to use it for other debt repayment or payment of other accounts, and thus, he did not have any intent or ability to do so.
The defendant deceivings the victim as above, and he obtained 30 million won from the victim to receive the delivery of 30 million won.
2. On April 2015, the Defendant stated that “The Defendant shall subscribe to the number system one time and pay the map faithfully to the victim E, who is the main owner of the number system of KRW 25,000,000,000,000 (25,000) from D S Sarido located in the Nowon-gu, Seoul Special Metropolitan City.”
However, at the time of fact, the defendant did not have any intention or ability to pay the amount of money properly even if he did not have any specific income or property and became a member of the number fraternity operated by the victim.
On April 25, 2015, the defendant deceivings the victim as above, and acquired money KRW 19,170,000 from the victim to the corporate bank account in the name of the defendant on April 25, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. The police officers for B and E.