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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
On May 24, 2013, the Defendant was sentenced to two years and six months of imprisonment in the Incheon District Court for fraud, etc., and the parole period on September 30, 2014 during the execution of the sentence was expired on January 3, 2015. On June 22, 2018, the Changwon District Court sentenced ten months of imprisonment with prison labor and four months of imprisonment with prison labor at the Changwon District Court for fraud, etc., and the judgment became final and conclusive on January 7, 2019.
1. On July 30, 2015, the criminal defendant against the victim B explained that the victim knew of his/her business performance at a adjoining place to a neighbor, and saying, “I will pay the siren monthly sirens if there is any sirens distributed in the future, and I will lend his/her name.”
However, the defendant did not have the intent or ability to pay a siren fee even if the defendant had the victim conclude a siren contract.
Nevertheless, on July 30, 2015, the Defendant: (a) made the victim make a false statement to the victim; and (b) made the victim enter into a contract with C Co., Ltd. on a set-off lease and presses; and (c) obtained pecuniary benefits equivalent to the amount of KRW 1,945,120; and (d) made C Co., Ltd. enter into a contract with C Co., Ltd. on September 30, 2015; and (b) obtained pecuniary benefits equivalent to the amount of KRW 2,471,510 by having the victim take the liability for the payment of rental and presses equivalent to KRW 2,471,510.
2. On November 13, 2017, the criminal defendant against the victim D told the victim, who was aware of his/her reputation at an influence place, that “I wish to pay the victim once, because there is a need to pay the victim million won rapidly, until November 20, 2017.”
However, in fact, since the defendant did not have certain income or assets and used money for the repayment of personal debts from many people, or used money for living expenses, even if he borrowed money from the victim, he did not have the intention or ability to repay it until November 20, 2017.
Nevertheless, it is not appropriate.