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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal record] On March 11, 2015, the Defendant was issued a summary order of KRW 2 million in the Busan District Court as a crime of fraud.
[Criminal facts]
1. On May 14, 2012, the Defendant committed around May 14, 2012: (a) around May 14, 2012, at “C cafeteria” located in the Busan mid-gu B market, the victim D, who was aware of ordinary knowledge, is doing construction of beauty rooms in the inside of the ship.
In order to pay the material cost in advance to the business operators, if the money is paid in advance, and the money is lent in 20 million won to the business operator, it will be paid in 40 days after the payment of the money and 2 million won interest.
“The phrase “ was false.”
However, even if the Defendant borrowed money from the injured party, it was planned to use the money as living expenses, hospital expenses, etc. instead of construction expenses, and it was in excess of 100 million won without any particular revenue or property at the time, so there was no intent or ability to repay the borrowed money to the injured party as agreed.
Nevertheless, the defendant deceivings the victim as above and obtained the delivery of KRW 20 million from the victim as the loan money on the same day.
2. On June 20, 2012, the Defendant committed the crime and around June 20, 2012, around the F Bank located in Busan, Busan, the Defendant repaid the Defendant three days after adding up the loan first to the F Bank located in Busan, the sum of KRW 6 million, as the materials cost and personnel expenses related to the cosmetic construction in the captain are required.
“The phrase “ was false.”
However, even if the Defendant borrowed money from the injured party, he/she was thought to use it as living expenses, drinking value, etc., and was in excess of 100 million won without any particular revenue or property at the time, so there was no intention or ability to repay the borrowed money to the injured party as agreed.
Nevertheless, the defendant deceivings the victim as above and obtained 5,500,000 won from the victim as the loan money on the same day.
Summary of Evidence
1. The defendant;