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A defendant shall be punished by imprisonment for six years.
Reasons
Punishment of the crime
[Criminal Justice] On April 10, 2006, the Defendant was sentenced to six months of imprisonment for fraud and one year of probation at the Jeju District Court. On December 13, 2007, the same court was sentenced to two years of imprisonment for the same crime and completed the execution of the sentence on July 11, 2009, and had a total of eight times of criminal punishment for fraud.
【Criminal Facts】
1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) borrowed money necessary to pay interest on loans deposited in the attached account from September 6, 2010 to May 22, 2014. The Defendant loaned money to the victim D who had a relationship of interest on loans deposited in the attached account from around September 6, 2010 to around May 2, 2014, for the purpose of lending expenses necessary for the resolution of inheritance disputes. The account in the name of E, which was deposited in several billion won, such as bank loans, parents’ death insurance money, etc., is seized on the grounds of inheritance tax, etc., such as inheritance tax, private financing obligations, gift investment case, etc., and thus, is able to repay the money to the above attached account. The repayment of interest on loans deposited in the attached account would be made in lump sum. The future decision on inheritance disputes will be delayed without delay in the seizure of the above account.
However, the defendant's personal obligation at the time was about 700 million won and was thought to be used as debt repayment or cost of living even if he received the above money, and even if the defendant borrowed money from the victim D due to the false fact of the parent's death, friendly E, existence of inherited property, existence of seized accounts, continuation of trial, etc. among the contents stated to the victim D, there was no intention or ability to repay the money.
Nevertheless, the defendant is the defendant over 285 times in total, such as the victim D's list of crimes (1).