Text
A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[Criminal Justice] On April 17, 2009, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Jeju District Court on January 8, 2010 and completed the enforcement of the sentence in the Jeju Prison on January 8, 2010.
【Criminal Facts】
On August 17, 2010, the Defendant made a false statement to the effect that “If the Defendant lends KRW 2.5 million to Jeju-do land, the Defendant would sell it to Jeju-do land.”
However, the fact is that the Defendant’s mother owned the foregoing Jeju-do land, not only was the Defendant’s mother, but also the mortgage was established over the market price on the said land. The Defendant operated the Posium at the time, but there was no income from the operation of the Posium, and most of the restaurant deposits was extinguished. Without any specific property, the amount of KRW 10 million was equivalent to the individual’s liability, and the Defendant was thought to have repaid the individual’s liability with the money borrowed from the victim, or used the card payment and living expenses, and thus, he did not have any intent or ability to repay the money to the victim even if he borrowed money.
The Defendant, under the pretext of borrowing money from the victim from May 25, 201, by deceiving the victim over 53 times in total, and received property equivalent to the total market value of KRW 176,381,850 from the victim.
around August 27, 2010, the Defendant, “2015 Man-Ma2444,” provided that the Defendant, “E” operated by the Defendant, who is in Ansan-si Member C, and that the Defendant, “A” with business funds, shall be repaid immediately if he/she loans the victim F with the need to pay money.
‘A false statement' was made.
However, in fact, the Defendant did not receive any income from the operation of the above restaurant at the time, and most of the restaurant deposits were extinguished. Without any particular property, there was a considerable amount of KRW 10,000,000 for personal debts, and the Defendant repaid his/her personal debts with the money borrowed from the victim, or used them for card payments and living expenses.