A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

[Prior Crimes of the latter concurrent crimes of Article 37 of the Criminal Act] On April 30, 2013, the Defendant was sentenced to six months of imprisonment for fraud in the Daejeon District Court Seosan Branch of the Daejeon District Court, and the judgment became final and conclusive on September 30, 2013.

【Criminal Facts】

1. On December 20, 201, the criminal defendant, on December 20, 201, told the victim D to “on December 20, 201, the criminal defendant would sell the vehicle immediately after 2-3 days if he/she lent money to the victim C, Seo-gu, Daejeon, where he/she had a domicile of the criminal defendant, and 203.”

However, in fact, the Defendant, as a person with bad credit standing at the time, was planning to use the funds borrowed from the victim for the repayment of the existing debt without using them for the resolution of the seizure of vehicles, so even if the funds are received from the victim, there was no intention or ability to repay the funds to the victim by resolving the seizure problem, disposing of the vehicle, etc.

The Defendant received KRW 5 million from the victim as the borrowed money on the same day from the victim by making a false statement to the victim.

2. On December 21, 2011, the defrauded told the victim D that “if the Defendant lends additional money, he/she would sell the vehicle and make repayment.”

However, the defendant did not have any intention or ability to repay the money even though he received the money from the victim as stated in paragraph (1).

The Defendant received KRW 3 million from the victim as the borrowed money on the same day from the victim by making a false statement to the victim.

3. On January 19, 2012, the fraud Defendant told the victim D to “on the other hand, if he/she lends money, he/she would sell the vehicle immediately.”

However, the defendant did not have any intention or ability to repay the money even though he received the money from the victim as stated in paragraph (1).

The defendant makes a false statement to the victim and belongs to it.