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A defendant shall be punished by imprisonment for six months.
Of the facts charged in the instant case, each of the larceny charges, and the fraud, dated November 11, 2010, respectively.
Reasons
Criminal facts
On May 12, 2009, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the Suwon District Court’s Ansan Branch, and was released on December 24 of the same year in the execution of the sentence, and the parole period was expired on February 18, 2010. On August 30, 2012, the Defendant was sentenced to six months of imprisonment for a crime of fraud, etc. in the same court.
9.7 The judgment became final and conclusive.
[2013 Highest 3786] The defendant was deceased with C, and C and the victim D are relatives.
1. Fraud;
A. On October 15, 2010, the Defendant stated that “The Defendant shall pay KRW 5 million to the victim D, who borrowed money from domestic friendship, to the victim of the agricultural cooperative located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City, with the payment of KRW 1 million.”
However, the defendant did not borrow money from pro-Japanese, and even if he borrowed money from the victim, there was no intention or ability to repay it.
In this respect, the Defendant received 1 million won in cash from the victim on the job.
B. On October 19, 2010, the Defendant stated that “I will complete payment without a mold if I lend money that I would like to operate an adult scambling with adults” to the victim’s house located in Nam-gu Incheon Metropolitan City E building 202.
However, in fact, the defendant was thought to operate adult scambling, there was no reliable plan, and even if he borrowed money from the victim, there was no intention or ability to repay it.
Accordingly, the Defendant received 5 million won in cash from the victim on his job.
C. On November 14, 2010, the Defendant stated that “If the Defendant borrowed money from a son to son, he/she shall have to pay the 2 million won of the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s
However, even if the Defendant borrowed money from the victim, it was thought that it will be used for other purposes such as living expenses.