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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
【Criminal Power】 On January 15, 2015, the Defendant was sentenced to six years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Daegu High Court, and the said judgment became final and conclusive on March 20, 2015.
【Criminal Facts】
1. Around October 2010, the Defendant did not have any specific ground to the effect that a short-term sale of an apartment after purchasing the right to sell the apartment, and there was no plan to take measures to guarantee the principal in the event of loss of the investment, or to share the loss of the principal. Around the same time, the Defendant had already been given money from other investors in a situation where one billion won or more is to be repaid to them under the same name, but there was no sufficient financial support, and even if the Defendant borrowed money from the victim B in the name of investment in the right to sell the apartment, there was no intention or ability to guarantee the principal and the profit to the victims within 15-30 days.
Nevertheless, the Defendant made a false statement in the Suwon-si, North Korea, on October 4, 2010, that “I would be able to pay the principal and 6% high profit within 15-30 days if I would be able to lend I money to I, so I would be able to make an investment.” Accordingly, I would like to obtain from the victim a national bank account in the name of the Defendant, namely, e.g., the amount of KRW 50 million from tin to the national bank account in the name of the Defendant, and receive KRW 18 million from around 12th of the same month to each of the accounts of community credit cooperatives in the name of the Defendant.
2. On October 2013, the Defendant did not have any intent or ability to repay, even if he/she borrowed funds from the victim for the three-year period, as set forth in the foregoing 1. The Defendant did not repay the funds to the victim for the three-year period, and immediately before his/her bankruptcy.
Nevertheless, the Defendant, at around October 24, 2013, made a false statement to the victim of the Nonghyup-gu, Mapo-si, Mapo-si, Mapo-si, stating that “The Defendant may pay money. Additional KRW 2 million may be repaid up to the money invested prior to the loan.”