A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

[Criminal Power] On November 12, 2018, the Defendant appealed to the Busan District Court for one year and two months for fraud, and is still under trial in the second instance.

【Criminal Facts】

1. On February 13, 2014, the Defendant stated that “E was selected as a village company,” the victim Q Q from the point of “E’s operation,” located in the Young-gu, Busan Metropolitan City’s Young-gu R, the Defendant paid money to the victim Q.

However, in 2008, the Defendant was liable for the damages of KRW 30 million with the receipt of the excess, and continuously incurred a debt with credit card loan, loan of a lending company, etc., and the excess was operated as the enemy, so there was no intention or ability to repay the debt even if it was borrowed from the victim.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 8 million from the victim’s bank account under the name of the Defendant, to the Defendant, and received KRW 35 million in total on four occasions from February 7, 2014 to May 7, 2014, as indicated in the annexed crime list.

2. Around May 26, 2016, the Defendant: (a) stated that “E” points in the “E’s operation,” located in the Young-gu, Busan Metropolitan City R, stating that “A victim is unable to make breabbbing materials. If the victim borrowed KRW 20 million, 20 million will be used only for two months.”

However, as stated in Paragraph 1, the Defendant continued to perform the obligation, and around December 2015, there was a debt worth KRW 150 million, and even if the Defendant borrowed money from the victim due to continuous loss, there was no intention or ability to repay the debt.

Nevertheless, the Defendant, by deceiving the victim, received KRW 20 million from the victim’s account in the name of the Defendant on the same day.

Summary of Evidence

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