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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal records] On November 29, 2017, the Defendant appealed from the Seoul Eastern District Court for six months of imprisonment for fraud and is currently under trial at the appellate court.
[Criminal facts]
1. The Defendant is the representative of the “K” that sells raw items, such as health food, kitchen equipment, and miscellaneous, on September 13, 2016, of the Seoul Special Metropolitan City Gwangjin-gu J 2 to the victim I (if he/she has invested money, he/she will pay 35% of the profits if he/she has made an investment in money, and offer it as desired, such as the authentication of the contract for the operation.
The phrase “ makes a false statement.”
However, the defendant did not have the intent or ability to make profits even if he received an investment from the damaged person.
Nevertheless, the Defendant, from September 13, 2016, received cash of KRW 10,00,000 from the injured party from around September 13, 2016, and obtained a total of KRW 55,000,000 on four occasions, as shown in attached Table 1.
2. On January 23, 2016, the Defendant for the fraud of the borrowed money against the victim L is lacking any money to pay to the victim L (n, 46 years of age) at the “N” store located on the second floor in Gwangjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City M.
The term "to repay within the earlier time when the payment is lent," and it was done as if it would be possible to immediately repay the money by borrowing the money, such as the display of the sales lease agreement.
However, in fact, the defendant did not have any intention or ability to repay the money even if he borrowed the money from the damaged person because he did not have any property that he had any property remaining at the time.
Nevertheless, the Defendant received KRW 6,200,000 from the injured party on the spot and received KRW 33,750,000 in total on eight occasions from February 6, 2017, including the fact that he/she received KRW 6,20,00 from the injured party, or obtained KRW 33,750,000 in total on eight occasions, such as the second re-written list of crimes in attached Form 2.
Summary of Evidence
1. The defendant's person;