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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
[Criminal record] On September 23, 2016, the Defendant was sentenced to three years of imprisonment for fraud in the public order branch of the Daejeon District Court on September 23, 2016, and the judgment became final and conclusive on June 19, 2017.
[Criminal facts]
1. On December 15, 2014, the Defendant, at around December 15, 2014, made a false statement to the victim C, stating that the Defendant would make a payment in the order of winning a contract, in a mutual influent restaurant located in the Cheongyang-gun, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, that “If he was scheduled to operate the 120 million won fake bid system, and if he was subscribed to as a fraternity and paid the fraternity, he would make a payment in the order of winning a contract.”
However, the Defendant had been in excess of his/her obligation, such as lending money of KRW 00 million to others due to the shortage of the previous accounts operated by the Defendant at the time, and the Defendant had so-called “refluence from return,” such as repayment of the existing obligation by means of organizing a new system or payment of the money for another system, etc., and thus, did not have any intent or ability to pay the money by operating the normal system even if he/she received the money from the injured party.
Nevertheless, the Defendant: (a) received KRW 5 million from that time to July 15, 2015, from the time when he/she received remittance from the injured party to the Agricultural Cooperative account under the name of the Defendant for the same day as the foregoing, and (b) received KRW 29,388,00 in total eight times as shown in the attached List of Crimes (1) from July 15, 2015.
2. On April 6, 2015, the Defendant: (a) made a false statement to the said victim C, stating that the said victim C would pay the fraternity in the order of receiving the successful bid, where he/she entered a bid for the KRW 100 million and made a false payment in a non-filled place on April 6, 2015.
However, the Defendant, at the time of the above excess of the obligation, was under the so-called “the return prohibition”, and thus, the Defendant was operating the fraternity in a normal manner even if receiving the payment from the injured party.