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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
[criminal power] The Defendant was sentenced to two years of imprisonment for fraud, etc. by a judgment of Seoul Western District Court 2012Ra2070 Decided January 9, 2013, and appealed through a dismissal judgment (Seoul Western District Court 2013No65, Apr. 30, 2013). However, the Defendant dismissed the appeal by a judgment of Supreme Court 2013Do574 Decided June 27, 2013, and the said judgment became final and conclusive, and the same criminal power is more than twice.
【Criminal Facts】
1. A false statement stating, around June 18, 2007, that, even if the Defendant did not manufacture entertainment instruments and did not have any special property owned by the Defendant, and even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to repay the money, the Defendant was transferred from the victim C to the single bank account in the name of the Defendant on the same day on the same day by stating that, around June 18, 2007, the Yeongdeungpo-gu Seoul Metropolitan Government would have “if the Defendant manufactured entertainment instruments, he would make a payment after one month.”
From that time to November 23, 2009, the Defendant deceptioned the victim 38 times in total as shown in the attached Table 1, and acquired the victim by remitting the total amount of KRW 4222 million from the victim.
2. Notwithstanding the fact that the Defendant did not perform clothes funeral services and did not have any special property owned by the Defendant, and even if the Defendant borrowed money from the victim, he/she did not have any intent or ability to repay the money, the Defendant was transferred 36 million won on the same day from the victim to the post office account in the name of the Defendant, on April 15, 201, to the Seoul Yeongdeungpo-gu Seoul Metropolitan Government, stating that “The Defendant shall perform clothes funeral services. When lending money, he/she shall be repaid with the money that he/she borrowed from the money that he/she borrowed from the money that he/she borrowed from the money.”
From that time to August 24, 2011, the Defendant deceivings the victim over a total of 11 times, as shown in the attached Table 2, from that time to that time, and deceivings the victim up to 3905 million won in total.