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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Power] The Defendant was sentenced to a suspended sentence of two years in the period of eight (8) months of imprisonment for fraud in the Jinwon District Court on March 24, 2010.
【Criminal Facts】
Victim B is a person who operates the E'E' in South Won-si, along with the victim C.
1. Around January 2017, the fraud Defendant made a false statement to the victim C at the third floor of Gamno-gu, Gno-si, Namwon-si, Seoul, stating that “I will write down only a day on which he/she needs to pay a war,” around December 27, 2016.
However, at the time, the Defendant had a debt exceeding KRW 50 million and had been operating a singing room jointly with the branch, but there was no other income, and there was no other property owned by the Defendant, and there was no other intent to use the money as money for gambling from the victim, and thus, there was no intention or ability to repay the money even if he borrowed money from the victim.
Nevertheless, the Defendant deceivings the victim as above, and received five million won in cash from the victim around that time, and continued to continue to exist by the same method as above, 6 million won in cash on January 20, 2017, 5.6 million won in cash on January 21, 2017, and 3.5 million won in cash on January 25, 2017, respectively, and acquired 20 million won in total by deceit.
2. Around May 10, 2017, the fraud Defendant made a false statement to the effect that “I would have the victim repay additional money if I would have to do so. I would like to give notarial deeds including the amount borrowed in front,” from the window of the victim’s operation in Nam-si H on May 10, 2017.”
However, at the time, the Defendant had a debt of approximately KRW 50 million, including KRW 20,100,000,000 from C, and had been operating a singing room jointly with the branch, but did not participate in the operation and did not have certain income, and there was no other property owned by the Defendant. Therefore, even if the Defendant borrowed money from the victim, there was no intent
Nevertheless, the defendant deceivings the victim as above and belongs to it.