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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On June 28, 2018, the Defendant was sentenced to two years of imprisonment for fraud at the office of the Suwon District Prosecutors' Office, which became final and conclusive on July 6, 2018.
1. On January 3, 2017, the Defendant stated that “E” corporate office operated by the victim D of the victim D in Gwangju-si Btel C, which reads that “it is too difficult to pay to the victim KRW 15 million per month if the victim borrowed KRW 15 million.”
However, the Defendant had no intent or ability to repay the principal and interest even if the amount was received from the victim, since the Defendant had a debt borrowed from the financial institution other than KRW 40 million.
The Defendant, by deceiving the victim as above, received KRW 15 million from the victim to the account of community credit cooperatives (F) in the name of the Defendant under the pretext of borrowing money.
2. On November 5, 2016, the Defendant stated that “If he/she lends 2.5 million won per month to the victim G with his/her living expenses, etc. due to his/her living expenses, etc., he/she would make payment on behalf of the victim by remitting the card amount to the account of the victim from November 20, 2016 to the account of the victim from November 20, 2016.”
However, in fact, the Defendant did not have a certain amount of income since he was a business trip branch, and did not have any property owned by him, and he did not have an intent or ability to repay even if he borrowed money from the victim, since he acquired a total of KRW 29,429,00 from H and I from May 2014 to June 2016 in order to repay a large amount of debt.
As above, the Defendant deceiving the victim and received 6.4 million won in cash on the same day from the victim, and acquired 6.6 million won in total from the account of community credit cooperatives (F) in the name of the Defendant and acquired 7 million won in cash.
Summary of Evidence
[2018 Highest 1259]
1. Statement of the accused in the first protocol of trial;
1. D. D.