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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[2011 Highest 632]
1. On October 10, 2010, the criminal defendant against the victim B made a false statement to the victim B, stating that “If the victim B laid the land to set up 450 household pentle on the static line of Gangwon-do, but the land survey cost was to be paid by October 15, 2010, when he/she sent money to the victim B, as the land survey cost was insufficient.”
However, the defendant did not leave the land in Gangwon-do, and there was no fact that he conducted a survey for penture, and even if he borrowed money from the victim, he did not have any intention or ability to repay it otherwise.
Nevertheless, the Defendant deceivings the victim as above and received one million won from the victim to the Agricultural Cooperative Account in the name of the Defendant on the same day.
2. Fraud against the victim C;
A. On October 9, 2010, the Defendant made a false statement to the victim C, stating, “I would immediately repay money to the victim C, as it is necessary to have the victim completed the pented construction on the boat of Gangwon-do.”
However, in fact, the defendant did not have built a penture in Gangwon-do, and he borrowed money with the idea of consumption due to hospital expenses, living expenses, etc., so even if he received money from the victim, he did not have the intention or ability to pay it.
Nevertheless, the Defendant, by deceiving the victim as above, received 350,000 won in total from the victim to the Agricultural Cooperative Account under the name of the Defendant, 11,50,000 won in the same month, and 1,000,000 won in the same month, respectively.
B. On October 21, 2010, the Defendant made a false statement to the victim C that “I would sell the house in Ansan if I would lend the tenant director’s expenses.”
However, in fact, since the defendant was in a state beyond auction 1307, the defendant was Ansan-si D apartment 2 and 1307, the defendant's intention or ability to pay money even if he borrowed money from the complainant.