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Imprisonment with prison labor for the crime of sub-paragraph (b) of the judgment of the defendant, for six months, for the crime of sub-paragraph (a) or (c) of the judgment of the court.
Reasons
Punishment of the crime
1. On July 1, 2010, the Defendant was sentenced to eight months of imprisonment for embezzlement and two years of suspended execution at the Seoul Central District Court on September 17, 2010 and the above judgment became final and conclusive on September 17, 2010.
2. Criminal facts "2012 Highest 5126".
A. A. On September 6, 2010, the Defendant against the victim D made a false statement to the victim D, stating that “The Defendant would have repaid the principal and profit without fail, in the street room in front of the Gangnam-gu Seoul E building.”
However, there was no intention or ability to pay the above money due to the sale of used cars at the time, and the defendant did not have any specific property or ability with bad credit standing.
On September 6, 2010, the Defendant was issued 10 million won cashier's checks and 20 million won in total from the victim as funds for the purchase of used cars.
In addition, the Defendant received a total of KRW 86 million from the above date to October 8, 2010 by the following methods, as shown in the list of crimes (1) as shown in the attached Table of Crimes (1).
Accordingly, the defendant was given property by deceiving the victim.
"2012 Highest 6962"
B. Around January 13, 2009, the Defendant against the victim F was intending to take over the victim F by telephone to the victim F “H” (hereinafter “H”) at a closed area in Seoul and below Seoul. The Defendant stated to the effect that the fund for the operation is insufficient. The Defendant would be able to fully repay as much as the money was created by a short sales, etc. from a short-term loan of necessary funds. From that time to that time, the Defendant loaned the funds to the victim F on the condition that the Defendant would continue to make a full payment from the victim up to the 30th day of the same month.
However, the Defendant, at the time, merely received a sub-lease for part of the business of Y’s studal harassment, and used half of the borrowed money from the victim by dividing it into “I” and “I”, is a studal harassment business.