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A defendant shall be punished by imprisonment for one year.
An application for compensation by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
【Criminal Power” On August 21, 2012, the Defendant was sentenced to four years of imprisonment for fraud, etc. at the Cheongju District Court on March 23, 2016, and completed the execution of the sentence at the Cheongju District Court on March 23, 2016. On November 27, 2018, the Defendant was sentenced to three years of imprisonment for fraud at the Cheongju District Court, and the judgment became final and conclusive on May 4, 2019.
【Criminal Facts】
1. Fraud;
A. On April 6, 2017, the Defendant called the victim B by phoneing it to the Cheongju-si (hereinafter “Cheongju-si”) and made a false statement to the effect that “I would have less customs duties if you bring it into parts by decompositioning used cars. I would be able to benefit at least two times if they are sold again in the Republic of Korea. I would be 25% of the revenues of the other party. I would like to bring profits to the other party. I would like to make a false statement to the effect that “I would make an investment only if I would have come to know of a common method of cutting off.”
However, in fact, the Defendant did not have any relation with the business of selling used cars after decomposition them in the Philippines, and even if he received money under the pretext of investment money from the victim, he did not have the intent or ability to return it to the victim or to pay profits.
As such, the Defendant, by deceiving the victim as such, obtained KRW 20 million from the victim for the same day as investment money, KRW 14 million around April 12, 2017, KRW 10 million around April 19, 2017, KRW 2.5 million around April 21, 2017, and KRW 3.5 million around April 23, 2017, respectively, and acquired KRW 50 million in total from the victim to the post office account (C) in the name of the Defendant.
B. Around June 26, 2017, the Defendant called the victim B by phone to the Cheongju-si (hereinafter referred to as “Cheongju-si”) and sent the 385,000,000 foot bill to the victim B. The Defendant sent KRW 135,00,000 for the 135,000 foot bill to the Republic of Korea. The Defendant sent KRW 80,000,000 for the Endorsement’s revenue to the Endorsement or KRW 135,000,000 for the Endorsement, and sent the remainder KRW 55,00,000 for the preferential endorsement.”
(b).