A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

On July 21, 2016, the Defendant, a person who operated “B” corporation, was sentenced to a suspended sentence of two years for imprisonment with prison labor for 10 months for fraud, etc., and the judgment became final and conclusive on the 28th of the same month.

The Defendant, around April 19, 2014, in E operated by the Victim D located in Sinpo City, on April 19, 2014, extended KRW 80,000,000 to the victim, “I will pay back to the victim after 2 years from the loan of the funds to establish a siren corporation.”

around the 30th of the same month, through F, an employee of the defendant company, the victim stated that “the victim shall lend KRW 100 million per se to the director of the rental car corporation, etc.” to the victim.

However, at the time of operating B, the Defendant was in the amount of KRW 400 million, and it was thought that the Defendant would use the money borrowed from the victimized party for the purpose of repaying the company's operating funds or loans due to the lack of financial conditions, and there was no intention or ability to make the injured party a disaster, such as a director of the corporation, or to repay 100 million won to the injured party.

As such, the Defendant, by deceiving the victim and by deceiving the victim to the Saemaul Treasury account in the name of the Defendant on May 2, 2014, by taking over KRW 10 million around May 8, 2014, KRW 65 million around May 8, 2014, and KRW 25 million around July 15, 2014, by taking over KRW 100 million in total as the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police against D;

1. Application of statutes on a detailed statement of account of the complainant, a certificate of transfer confirmation, and a process deed;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: Provided, That the punishment of Article 39(1) is larger than the amount obtained by deceiving the reason, and the damage was not recovered at all even after a considerable period of time has elapsed.

Defendant

Considering the fact that the crime is recognized and is against the judgment, the punishment shall be determined in consideration of the equality in the case where the judgment becomes final and conclusive at the same time with the crime.