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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[2012 Highest 3000]
1. On March 2010, the fraud Defendant: (a) was located in the window C of Changwon-si; (b) at the E-place of the victim’s operation, the fact that the Defendant borrowed money from the victim, despite having no intention or ability to repay the money, there is no other property other than the fixed monthly income of KRW 500,000,000 per month; (c) on the part of the victim, the Defendant falsely stated that “the victim would pay the money in the following month if he/she borrowed five million won,” and he/she received five million won from the victim; and (d) on the part of the Defendant’s singing shop, he/she would pay the money if he/she borrowed money from the victim at his/her place of business, “on the other hand, he/she would lend three million won as he/she needs to pay the money at his/her place of business.” (c) On the other hand, the victim at the instant singing shop, who lent the credit card in order to pay the money if he/she lent the credit card.
‘Falsely speaking, the victim obtained a credit card from the victim at that time, and used the credit card at that time, and thereby acquired financial benefits equivalent to the same amount as the victim did not settle the credit card.
2. On August 201, the Defendant: (a) received the request from the said victim for the payment of the employment insurance premium of the said main shop from the said victim; and (b) embezzled KRW 57,690 for the said victim’s personal purpose without paying it around that time; and (c) embezzled KRW 22,680 of the industrial accident insurance premium of the said main shop for personal purpose; and (d) embezzled the said amount for personal purpose by consuming it for the said victim’s personal purpose without paying it thereafter; and (c) embezzled it for personal purpose without paying it thereafter; and (d) 137,500,000 of the copyright premium of the said main shop for personal purpose while being entrusted with payment by the victim and kept it for the said victim.
3. The Defendant in breach of trust is on March 17, 201.