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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On March 20, 2001, the Defendant was sentenced to a fine of 700,00 won at the Seoul Southern District Court on March 20, 2001 to a fraud; on November 2, 2005, the Incheon District Court sentenced a fine of 3 million won to a fraud; on April 23, 2008, the Defendant was sentenced to a imprisonment of 1 year; on December 30, 2013, the Seoul Western District Court was sentenced to a fine of 1 year; on April 11, 2014, the Seoul Southern District Court was sentenced to a imprisonment of 1 year; and on April 19, 201, the said judgment was finalized on April 19, 2014.
[2014 Highest 206] On April 24, 2013, the Defendant made a false statement to the effect that “A East D is a Hundern Construction E and a school Dong-dong, and if I lend KRW 2 million, I will arrange E and Ma,” to the victim C.
However, the facts did not have the intention or ability to deceive the above E and the victim.
Nevertheless, the defendant deceivings the victim as above and acquired 2 million won from the victim, that is, he received from the victim.
[2014 Highest 593] On May 31, 2013, the Defendant concluded that “The Defendant would lend 20 million won to the Victim H when the Do resident C has secured the right to operate the restaurant within the hospital affiliated with the name-based university, which he/she would lend money to him/her to him/her, and he/she would have repaid the money to him/her to him/her.”
However, at the time, the Defendant did not have any intent or ability to repay money even with no property or profit-making, and in particular C was not a family member, and C did not have any ability to lend KRW 20 million to the victim because it did not have any relation to the above hospital's operation right.
Nevertheless, as above, the Defendant, by deceiving the victim as above, obtained KRW 450,000 on the same day as the borrowed money from the victim, and obtained KRW 1.1.5 million on June 24, 2013, and acquired it by fraud.
Summary of Evidence
[2014 Highest 206]
1. Partial statement of the defendant;
1. The statement of the witness C.