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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On June 13, 2013, the Defendant was sentenced to ten months of imprisonment for fraud at the Incheon District Court, and the execution of the sentence was terminated at the Incheon Detention House on April 12, 2014.
On March 2015, the Defendant would offer 20 to 30% per month the principal and interest to the victim E, who is a workplace partner, in the office of "D" located in Ma, Jung-si, Jung-si, a Police Officer, to whom the Defendant would pay money to the bank.
“The phrase “ was false.”
However, the Defendant did not have any intent or ability to pay the investment profits and principal as it ordinarily invested or promised to receive money from the damaged party under the pretext of investment because the Defendant was unable to repay a considerable amount of money from the lending company around that time.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) by deceiving the victim; (c) obtained a cash of KRW 1 million on March 30, 2015, KRW 8 million on April 28, 2015, and KRW 29 million on May 15, 2015, respectively, from the victim’s above office to the victim as investment money; and (d) obtained a cash of KRW 20 million on March 15, 2015, respectively.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A copy of bankbook;
1. Details of each account transaction;
1. A certificate;
1. Credit information:
1. Previous convictions: The application of inquiries about criminal history, personal confinement status, and the application of Acts and subordinate statutes to the Incheon District Court 2012 No. 3536, 2013 No. 836 (Joint Judgment);
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] In the case where the victim is fully responsible for the occurrence of and the expansion of damage to the crime for mitigated area (one month to one year) (special mitigation) [the victim]] / The defendant committed the crime of this case without being aware of the fact that he committed the crime of this case even though he was a repeated crime of the same kind, and has not yet been recovered from damage.
However, the amount of damage in this case is very significant.