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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
From November 2010 to March 2015, the Defendant sold soft products with the trade name “D” in Bupyeong-gu Incheon Bupyeong-gu, Incheon.
1. On November 21, 2011, the criminal defendant against the victim E made a false statement that he/she need to pay the victim E in advance. If he/she lends money, 2.5% per month interest shall be given and he/she shall be repaid after one year.
However, in fact, although the Defendant was holding a house, there was no property value due to a loan equivalent to KRW 47 million, and there was a debt equivalent to KRW 30 million to another person, and at the time, the D operated at the time reported the deficit. Since it was a situation in which the Defendant purchased the so-called "so-called "credit card" product by means of a credit card and received cash service and paid cash service again by using another credit card, and thus, he did not have any intent or ability to pay the debt even if he borrowed money from the victim.
Nevertheless, the Defendant, by deceiving the victim as above, received a total of KRW 14 million from the victim to the new bank account (F) in the name of the Defendant, and transferred KRW 14 million on October 1, 2014, respectively.
2. On September 20, 2012, the criminal defendant against the victim G made a false statement that he/she need to pay the victim G at the above place. When he/she lends money, he/she would give 2% interest per month and make a full payment after several months.
However, the defendant did not have the intention or ability to pay the money even if he borrowed the money from the victim because he did not return the money.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim, KRW 5 million from the victim, KRW 5 million on February 16, 2013, KRW 500,000 on January 20, 2014, KRW 4 million on May 26, 2014, and KRW 1 million on May 31, 2014, respectively, and received remittance of KRW 20 million.
3. Fraud against the victim H.