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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On October 12, 2017, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud in the Changwon District Court (Seoul District Court), and the said judgment became final and conclusive on March 9, 2018.
Although the Defendant, without any particular property, was in very difficult economic situation to cover a debt amounting to KRW 100 million, the Defendant was aware that the victim D, who sold a horse shower in the box box outside the Korea Racing Association C in Seoul, would want to operate the horse shower in excess of KRW 300,00,000, and was able to receive money from the victim by acquiring money from the victim, on the ground that he/she was affiliated with E while driving a large number of training institutes, and his/her executives and employees are friendly with each other, thereby allowing the victim to operate the horse shower that he/she is given only to the disabled or persons of distinguished service to the State.
1. Around April 21, 2015, the Defendant: (a) made a false statement to the Defendant at the Korea Racing Authority C (hereinafter “Korea Racing Association”) that “on April 21, 2015, the Defendant would pay the victim money by making an investment of KRW 1 million per share if he/she has made an investment of stocks.”
However, in fact, the defendant did not have the intent or ability to pay the money received from the victim for living expenses or other debts, but did not have the intent or ability to pay the money by investing in stocks, and there was no intention or ability to pay the money to the victim because of the very difficult economic situation.
Nevertheless, the Defendant, by deceiving the victim as above, received 1 million won from the victim to the F bank account (G) in the name of the Defendant on the same day, and acquired it as investment money.
2. Around July 2015 to August 8, 2015, the Defendant concluded that “Around July 2015, the Defendant would pay off KRW 2 million if he/she borrowed 2 million to the victim at a store outside the Korea Racing Association C.”
However, in fact, the defendant has a very difficult situation, such as the obligation without any particular property from the point of time to the amount of KRW 100 million.