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Imprisonment with prison labor for the crimes of Nos. 1 and 2 in the judgment of the defendant, and for the crimes of No. 3 and No. 4 in the judgment of the defendant, it shall be punished by six months.
Reasons
Punishment of the crime
[criminal records] On April 20, 2012, the Defendant was sentenced to eight months of imprisonment for fraud at the Daegu District Court, and the above judgment became final and conclusive on April 28, 2012.
[Criminal facts] .. 2016 Highest 478
1. On September 22, 2015, the Defendant said, “D Authorized brokerage office located in the Gancheon-gun, Chungcheongnamcheon-gun, D” to the victim E, “If he/she lends the down payment to the victim, he/she would make repayment by adding the interest rate of KRW 2 million after one month.”
However, even if the Defendant borrowed money from the injured party, the Defendant was thought to use the money to repay the existing personal debt. At the time, the Defendant did not have any property, while the Defendant had a debt equivalent to KRW 17 million and borrowed money from the injured party, there was no intention or ability to pay interest of KRW 2 million in addition to the interest of KRW 2 million after the month.
Accordingly, the defendant deceivings the victim and acquired it by deceiving 18 million won from the victim.
2. Around January 2016, the Defendant had arranged the victim F to sell rice straw to G.
On January 22, 2016, the Defendant obtained 6,250,000 won for rice straw of the victimized person from G from G and then embezzled by using it for personal purposes, such as living expenses, at around that time.
b.2017 order 161
3. On March 20, 2012, the Defendant said on March 20, 2012, the Defendant concluded that “The Defendant would sell real estate purchased after two months if he/she borrowed KRW 30 million of the purchase fund to the side of Pungsan, and would pay interest on KRW 200-3 million in excess of the difference.”
However, in fact, the defendant did not own any property at the time and did not have any plan to purchase the land located in storm, so even if he borrowed money from the injured party, he can use it as living expenses, etc., and pay it with interest to the injured party.