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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[Criminal Justice] On December 11, 2009, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Seoul Northern District Court on June 4, 201, and the above judgment became final and conclusive on June 4, 2010.
[Specific facts constituting a crime] around October 6, 2009, the Defendant: (a) at the Gangnam-gu Seoul Metropolitan Government 2tel coffee shop, the Defendant stated “If he lends KRW 25 million to the victim, benzL500” in the indictment; (b) it appears to be a clerical error of “benz 600” according to the list of crimes and the prosecutor’s protocol of examination of the Defendant (proced in investigation record 717 pages). Accordingly, the Defendant’s ex officio correction is to: (c) sell the profits in KRW 28 million; and (d) sell the profits in KRW 1.5 million, half of the principal and KRW 25 million, one million, one of which shall be returned to the Defendant.”
However, at the time, the Defendant intended to use the said money for repayment of the Defendant’s other debt or for other business funds. As such, the Defendant did not have any other property to use the said money for any other purpose and did not have the ability to return the principal and the profit within the agreed date, and thus, the Defendant purchased a vehicle with the money received from the victim and did not have the intent or ability to return the principal and profit to the victim.
Nevertheless, as seen above, the Defendant, by deceiving the above victim, received 25 million won from the victim to the deposit account in the name of D, his wife, and acquired it by fraud from December 24, 2009, from that time, until December 24, 2009, by acquiring 390 million won in total from 13 times to 13 times as shown in the annexed crime list.
Summary of Evidence
1. Each prosecutor's protocol of examination of the accused (including the C's statement);
1. Each police suspect interrogation protocol against the accused (including the C’s statement);
1. Each police statement of C;
1. E;