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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On June 12, 2018, the Defendant was sentenced to ten months of imprisonment for a crime of fraud in the Gwangju District Court's Netcheon Branch on September 28, 2018, and the judgment became final and conclusive on September 28, 2018. On April 11, 2019, the Defendant was sentenced to two years of imprisonment for a crime of fraud in the same court and became final and conclusive on April 19, 2019.
The victim B is the friendship of the defendant, and the defendant and the victim have been aware of for not less than 20 years.
Around September 25, 2015, the Defendant, at the “E” office operated by the victim B in Gwangjuyang-si (D) around September 25, 2015, talked about real estate investment-related talks about the ownership of real estate in the name of a joint investor while investing in real estate amounting to KRW 00 million. The Defendant is proceeding with related civil litigation because he/she was unable to receive refund of investment money and profit due to his/her own death while keeping the proceeds from sale in a fraudulent passbook. If the Defendant borrowed necessary expenses for the proceeding of the lawsuit, he/she would reimburse the money as the deposit. If the F Company borrowed the loan, he/she would offer interest thereon.
However, the Defendant did not have a pending case in the court, but did not have any possibility of filing a related lawsuit due to the lack of real estate investment, and was thought to use the money received from the victim as a living expense or debt repayment for the principal or his family. Therefore, the Defendant did not have any intent or ability to pay the money even if she borrowed money from the victim as a litigation cost.
The Defendant, by deceiving the victim as above, received KRW 10,00,000 from the victim’s G bank account (H) in the name of the Defendant on the same day, and received the total of KRW 112,00,000 from around that time to May 24, 2016, as shown in the annexed List of Crimes, as litigation costs, from around 10 times in total as shown in the annexed Table of Crimes.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Receipt of a notarial deed of a report on investigation, borrowing money, and