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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
[Criminal Justice] On May 19, 2004, the Defendant was sentenced to ten months of imprisonment for a crime of fraud at the Suwon District Court, and completed the execution of the sentence on June 16, 2004. On June 28, 2012, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the Jung-gu District Court on June 28, 2012, and the judgment became final and conclusive on August 2012.
【Criminal Facts】
1. Around December 14, 2006, the Defendant against the victim C told the victim C to the effect that “A business importing medical devices with no internal surgery is intended to import medical devices for cancer treatment. If the Defendant borrowed KRW 40 million, the Defendant would use it as business funds and pay the interest and principal of 2% per month after the three months thereafter.”
However, the Defendant did not have any business or funds for the medical device import business, and did not have any situation in which the Defendant could carry on the medical device import business by transfer of the medical device import experience. Even if the Defendant received money from the victim, he did not think that it would be consumed by entertainment expenses, etc., and did not think that it would be used to carry on the medical device import business. Even if he borrowed money from the victim due to no particular property or income at the time, there was no intention or ability to pay
Nevertheless, the Defendant made such a false statement and received a remittance from the victim on December 14, 2006.
2. Around October 2010, the Defendant against the victim E stated that “A victim E is engaged in a medical device import business, and imports cancer treatment equipment in China to deliver approximately 30 vehicles to the hospital. If the Defendant borrowed money due to shortage of business funds, the Defendant would offer land located in the G in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, the partner of the Party, as security and pay interest of KRW 1.5 million each month.” At that time, the Defendant had the victim E deliver the said horses to the victim H.