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The criminal facts of the defendant shall be punished by imprisonment with prison labor for one year, and the judgment shall be rendered for each of the crimes of the 2015 Highest 2556.
Reasons
Punishment of the crime
On September 15, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for embezzlement at the Seoul Central District Court on September 25, 2010, and the said judgment became final and conclusive on September 25, 2010. On September 25, 2014, the same court was sentenced to six months of imprisonment with prison labor and six months of imprisonment with prison labor for fraud, etc. and the said judgment became final and conclusive on November 19, 2014.
【Criminal Facts】
1. In order to raise funds for activities and living expenses, etc. due to the poor performance of a real estate execution project that has been previously involved and there is no asset owned, the Defendant did not intend to repay the funds to other persons within a short period, even if he borrowed money from other persons, even if he did not have any intent or ability to repay the funds in a short period.
Nevertheless, around September 4, 2007, the Defendant received 73,515,000 won in total over 55 times from the victim to March 12, 2010, including transfer of KRW 3 million from the victim to the victim in the restaurant operated by the victim F in Guro-gu Seoul Metropolitan Government, by falsely stating, “The victim is expected to run his/her business, and he/she is expected to raise a large amount of money, if he/she is required to pay such money.” The Defendant received 3 million won from the victim and acquired it by transfer from the victim to March 12, 2010.
2. On May 19, 2008, the Defendant, in the name of the cost of leasing an officetel, states that “The present-run business immediately becomes successful and has a large amount of money, so he/she will complete the payment as to the amount from which the money would have been paid if he/she obtained only the office” at the place indicated in paragraph (1). The Defendant provided the victim to rent the Geumcheon-gu Seoul Metropolitan Government Gtel No. 502, and provided the victim to pay rent of KRW 370,000 from around July 18, 2008 to August 25, 2010, as shown in the list of crimes (2).