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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
On October 11, 2018, the Defendant was sentenced to one year of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on January 10, 2019.
The Defendant is a teaching staff member working at a middle school located in Seoul, who became aware of in the victim B, C and the D Trade Union.
On July 7, 2015, the Defendant told the victim B and the victim C to the effect that “I wish to lend money to F merchants and receive interest, while I wish to lend money to FI and receive interest at 4% from FI and would have to pay money to B I and I will receive interest at 4%.”
However, even if the defendant received money from the victims, he did not deliver it to E, and did not intend to pay interest to those who have lent money to E, or to use it at will, at his own expense. However, the defendant continued to deliver the money to E without knowing it to the victims so that they can receive interest normally.
From July 8, 2015 to August 25, 2016, the Defendant deceptioned victims by the foregoing method, and acquired a total of KRW 15 million from the victims to the bank account (G) in the name of the Defendant, as shown in the attached Table of Crimes, from July 8, 2015 to August 25, 2016.
Summary of Evidence
1. Defendant's legal statement;
1. The prosecutor's statement concerning B;
1. Each police statement of C and E;
1. Previous records of judgment: The results of criminal records, previous records of disposition, report on results of confirmation, and application of Acts and subordinate statutes of the court of first instance and second instance (final judgment January 10, 2019);
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act (to be comprehensively applied to each victim, each of whom shall be selected as imprisonment with prison labor);
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Grounds for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes.