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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. Fraud;
A. A. Around January 12, 2007, the Defendant made a false statement to the victim E, who was hospitalized at the hospitalization room of 606 of the Daejeon Jung-gu, Daejeon-gu, stating that “The Defendant would have to repay money within one month when he/she lends money because it is difficult to punish him/her.”
However, in fact, at the time, the defendant used most monthly income to pay personnel expenses, material costs, etc. because the debt amount due to the interior business is equivalent to KRW 200 million, and there was no other income or property, so there was no intention or ability to pay such debt even if he borrowed money from the victim.
Nevertheless, the Defendant, as seen above, by deceiving the victim, received 1.6 million won from the victim to the one bank account in the name of F, and then acquired 2.3 million won in total on three occasions from the time until October 15, 2008, as stated in attached Table 1 through 3, as well as from October 15, 2008.
B. On March 12, 2009, the Defendant made a false statement to the effect that “The Defendant would use the card amounting to KRW 1.5 million and make a full payment after one month” to the victim at the Hyundai Apartment-gu 101 parking lot located in the Seo-gu Daejeon, Daejeon.
However, in fact, the defendant used most monthly income to pay personnel expenses, material costs, etc. as the debt amount of 200 million won due to the interior business at the time of the defendant, and there was no other income or property. Therefore, even if the card was used from the victim, there was no intention or ability to pay the amount.
Nevertheless, the Defendant, as above, deceiving the victim, received a new bank card owned by the victim in the same place, and settled KRW 51,075 on the same day, from that day, from that time, the Defendant had the victim paid the amount of KRW 51,075.
4. By the end of 24.2, 7,445,067 won in total over 30 times, as shown in [Attachment Table 4 to 33].