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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] On November 13, 2014, the Defendant was sentenced to imprisonment with prison labor for fraud at the Changwon District Court for one year and six months on November 18, 2015, and completed the execution of the sentence at the Seocheon Prison.
【Criminal Facts】
The Defendant stated, on July 1, 2016, that “The victim C residing in Jung-gu, Jung-gu, 2019 [203] was “I will complete payment after one month if I will lend 30 million won to the victim, because I have a store operated in Tae-gu D, and there is a need to pay for the operation of the store.”
However, even if the Defendant borrowed money from the victim, it was intended to use the Defendant’s prepaid debt and living expenses, such as the Defendant’s prepaid debt, which is not the operating fund, in the absence of the Defendant’s lending of money. While there was no particular property at the time, there was no intention or ability to make timely repayment due to the Defendant’s liability of KRW 45 million.
The Defendant, as above, received a total of KRW 41 million from the time when he/she received a remittance of KRW 30 million from the victim under the name of the same day from the victim, by deceiving the victim as above, up to five times until November 2, 2016.
"2019 Highest 1215"
1. On June 26, 2017, the Defendant made a false statement to the victim E who wishes to purchase a cooling house at an influorial place, stating that “The Defendant may make a pre-payment of a certain amount of money, and transfer KRW 500,000 to the remittance.”
However, even if the defendant receives 500,000 won from the victim, he did not have the intention or ability to purchase the cooling machine.
The Defendant, by deceiving the victim as such, received KRW 500,00 from the victim to the account of community credit cooperatives (F) in the name of the Defendant.
2. On September 10, 2018, the Defendant made a false statement to the victim stating, “In order to change the victim’s life air conditioners, it is necessary to pay additional cost KRW 3.50,00 to the victim.”
However, even if the defendant receives 350,000 won from the victim, he shall be dead.