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[Defendant A] The sentence against the defendant shall be determined as follows.
- Of the facts stated in the judgment, 2016 Highest 190.
Reasons
Punishment of the crime
Defendant
A, on May 8, 2014, was sentenced to two years of suspension of imprisonment for fraud, etc. in the Seosan Branch of the Daejeon District Court on August 21, 2014, and the judgment becomes final and conclusive on November 21, 2014. On March 5, 2015, the Daejeon District Court sentenced two years of suspension of execution to six months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint injury) in the Seosan Branch of the Daejeon District Court on March 13, 2015.
[2016 Highest 190]
1. Defendant A
A. A. Around August 11, 2014, the Defendant made a false statement to the victim D, stating, “In the vicinity of a bus terminal located in the Southern-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, the Defendant borrowed money to the victim D, “I have to lend that money. I have to make it difficult for the victim E difficult to do so. I have to pay back one week and to know the interest and give it.”
However, in fact, the Defendant was thought to use E’s cash card as living expenses by receiving money from the victim. At the time, the Defendant did not have any particular property or income, and the Defendant had approximately KRW 3-400 million debt, and thus, there was no intention or ability to repay it even if he borrowed money from the victim.
The Defendant, as such, by deceiving the victim, received KRW 3 million in total from the victim’s account under the name of E, and KRW 5 million in total from September 3, 2014, and KRW 5 million in total from September 3, 2014.
(2) On September 12, 2014, the Defendant stated that “The Defendant would make a payment within two to three months of the payment of money after deducting 500,000 won (10,000 won) and 170,000 won (10,000 won), which was previously lent to E as security and 8,000,000 won. The Defendant would make payment within two to three months of the money. The automobiles offered as security will divide the profits of rental car and then divide the profits of rental.”
However, the facts are that the defendant loans the above halog car from E at the time, and this is secured against the victim.