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A defendant shall be punished by imprisonment for not less than four years and six months.
Reasons
Punishment of the crime
[Criminal Power] On July 22, 2010, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Suwon District Court, and completed the execution of the sentence on February 5, 201.
【Criminal Facts】
"2014 Highest 384"
1. On July 20, 2013, the Defendant made a false statement to the victim C, “Around July 2013, the Defendant owned a 1.9 billion Korean motherel, and borrowed the building as security, with a loan of KRW 1.5 billion to him/her, and if so, a loan of KRW 150 million, which is 10 million, is required as a loan down payment, and KRW 50 million, which is 10 million, is changed to KRW 100 million as a loan down payment.”
However, in fact, even if the Defendant did not own a telecom equivalent to KRW 1.9 billion and received money in the name of a loan deposit from the victim, it was thought that all of them would be consumed for personal purposes, and there was no intention or ability to receive the loan from the victim.
Accordingly, the Defendant deceivings the victim as above, and received KRW 80,000 from the victim on July 26, 2013, KRW 2 million on the same day, KRW 15 million on July 29, 2013, KRW 6 million on the same day, KRW 30,5 million on July 30, 2013, KRW 40 million on July 31, 2013, KRW 600,000 on August 6, 2013, and KRW 9 million on August 2, 2013.
2. On August 7, 2013, the Defendant: (a) tried to see a higher level of credit card limit at an unsound place; and (b) concluded that “A victim, who was issued a credit card from the victim C with a new bank that is linked to each of his/her respective accounts under the name of the victim; and (c) was in possession of the credit card from our bank, “I will immediately return the credit card to the bank account, if you have to do so by deducting the cash from the bank account on the one hand.”
However, even if the defendant withdraws cash from the account of the victim, he did not have any intention or ability to return it to the victim.
In this respect, the Defendant is as above.