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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
[criminal power] On October 26, 2017, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Northern District Court (Seoul Northern District Court) and two years of suspended execution, which became final and conclusive on March 3, 2018, and is currently under suspended execution.
【Criminal Facts】
From March 2017 to March 2017, the Defendant is a person who has worked as the team leader at “B” that operates a loan brokerage business located in Seoul Special Metropolitan City Nowon-gu
1. On April 2018, the Defendant made a false statement to the effect that “A loan is necessary to obtain a larger amount for the status of high interest rate debts and the current status of repayment obligations of large loans guaranteed by D to the victim C, and to this end, the Defendant should deposit KRW 50 million in an account for at least 30 days and raise credit rating.”
However, there was no way to pay the credit rating with the above deposit, and the defendant tried to use the above money for personal debt repayment and gambling, so there was no intention or ability to return the money again to the victim.
Nevertheless, on April 20, 2018, the Defendant received 50,000,000 won under the name of deposit higher than credit rating, from the E bank account (Account Number:F) in the name of the Defendant.
2. On May 9, 2018, the Defendant concluded that “Around May 9, 2018, the Defendant would electronically process the victim, who intends to obtain a loan from the above office, to repay the existing loan to B with a single-term loan repayment and interest rate exceeding KRW 20 million.”
However, in fact, the defendant only tried to use his personal debt and gambling funds, and did not have the intention or ability to return the above loan to the victim by receiving the above loan or repaying the loan to the victim.
Nevertheless, the Defendant received 20,000,000 won from the victim to the above E-bank account in the name of the Defendant, namely, from the victim.
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