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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
【Criminal Power” On June 15, 2010, the Defendant was sentenced to three years of imprisonment for fraud at the Seoul Central District Court, and completed the execution of the sentence at the Seoul Southern District Court on January 12, 2012 on the same day. On May 27, 2015, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul East East District Court for eight months and became final and conclusive on September 30, 2015.
【Criminal Facts】
1. On August 23, 2012, the Defendant of the Victim C and D made a false call to the Victim C at the F Office located in Yeongdeungpo-gu Seoul Metropolitan Government, Seoul, to the victim C who was aware that he had worked in the International Ministry of Foreign Exchange Finance as an expert in foreign exchange financing, and paid the victim C with the call loan (a short-term loan between financial institutions) amounting to KRW 8 million and high interest without a molding and paying it, and at the J Office located in Gangnam-gu Seoul Metropolitan Government I around the 25th day of the same month, the Defendant made a false call to the victim D, who is his father of the said C, to pay the call loan amounting to KRW 10 million, and to pay the high interest without a molding four months after the need for the call loan amount, and thus, the transfer to H account is changed.”
However, the Defendant planned to use the above interest as bonds for a short-term gold transaction, and there was no other property, and even if the victims received money, there was no intent or ability to pay the principal and interest as above.
Nevertheless, as above, the Defendant, by deceiving the victims, received KRW 8 million from the victims C on August 23, 2012 and KRW 10 million from the victims D on September 24, 2012, respectively, through the National Bank Account (K) in the name of the Defendant Management.
The written indictment states that “the victim C was delivered KRW 10 million on August 23, 2012 and KRW 8 million on August 25, 2012 from the victim D, respectively.” However, according to each of the evidence of this case, “the victim C was delivered KRW 8 million on August 23, 2012 and KRW 10 million on September 24, 2012 from the victim D, respectively.”