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A defendant shall be punished by imprisonment for not less than eight months.
An application for remedy by an applicant for remedy shall be dismissed.
Reasons
Punishment of the crime
[criminal power] On February 14, 2020, the Defendant was sentenced to six months of imprisonment with prison labor for fraud, etc. at the Suwon District Court on February 22, 2020, which became final and conclusive on February 22, 2020, but a request for recovery of the right to appeal was accepted on April 17, 2020, and is still pending in the appellate court of Suwon District Court.
【Criminal Facts】
1. Fraud;
A. The Defendant, even upon receiving the vessel engine payments from the victim T, was thought to be used as personal debt repayment and living expenses, etc., and the personal debt amount was 100 million won, and had no intention or ability to purchase the vessel engine. Notwithstanding the fact, the Defendant received from the victim’s “V” office located in U in Mosung on January 7, 2017, KRW 8 million from the Defendant’s post office account in the name of the Defendant as the price for the vessel engine in the name of the Defendant and KRW 13 million in cash.
B. The Defendant, even if he borrowed money from the victim X, was thought to use it as an individual debt repayment, living expenses, etc., and even though he had no intent or ability to pay his personal debt amounting to KRW 100 million, the Defendant was transferred from the victim to the Defendant’s post office account in the name of the Defendant, on November 2017, stating that “on the part of a day, there is insufficient money to import the engine within a week.” The Defendant was transferred from November 24, 2017 to February 26, 2018.
C. The Defendant, even if she borrowed money from the victim Y, was thought to use it as personal debt repayment, living expenses, etc., and even though she had no intent or ability to pay 100 million won or more, he/she was transferred to the Defendant’s post office account in the name of W, by telephone around March 8, 2018, the Defendant made a false statement that “on the part of the victim, he/she shall pay the engine within one week.” The Defendant was transferred from the victim KRW 7 million on the same day and KRW 10 million on the 16th day of the same month to the Defendant’s post office account in the name of W.