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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Fraud;
A. At around 16:00 on July 6, 2009, the Defendant prepared a pledge agreement with the victim E on a patent right in the name of Jungcheon-gu, Seocheon-gu, Seocheon-gu, D Co., Ltd., Ltd., which is located in Seocheon-gu, Seocheon-gu, 200, stating that “When he newly constructed a factory at approximately 500 square meters outside the Gyeonggi-do, Gyeonggi-do, and manufactures and sells high-efficiency heating water, which is a Korean patent product, he/she may pay high-income. If he/she lends KRW 5 million, he/she will pay KRW 10 million up to December 31, 2009.”
However, there was almost no sales of the said D Co., Ltd. at the time, and there was no time for the Defendant to construct a new factory due to the fact that the Defendant had operated the said D Co., Ltd., and had been directed at the pressure of termination of the contract, and the establishment of the said patent pledge right without the consent of the said G. Thus, even if the Defendant borrowed money from the victim, there was no intention or ability to pay KRW 10 million as above within six months.
The Defendant, as such, by deceiving the victim, was given KRW 55 million from the victim’s occupation.
B. Around 16:00 on December 11, 2009, the Defendant told the above victim E to the effect that “I will provide a factory with a loan of KRW 30 million due to the shortage of funds in operating the office. I will receive a loan from the previous factory site as security and make a full payment not later than February 11, 2010, including KRW 176 million, which had been promised to have been repaid previously, and will complete full payment not later than February 11, 2010.”
However, there was almost no sales of the said D Co., Ltd. at the time when the Defendant was operated, and there was no time for funds to newly construct the factory due to the pressure of the subscribers to terminate the contract. Therefore, even if the Defendant borrowed the said money from the victim, there was no intention or ability to repay the said money within the agreed time limit.