Text
Defendant shall be punished by a fine of KRW 4,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On November 14, 2013, the Defendant was sentenced to the suspension of the execution of the imprisonment with prison labor for four months at the District Court for fraud, and the said judgment became final and conclusive on November 22, 2013.
1. Around August 17, 2009, the Defendant made a false statement to the victim E at the office D Co., Ltd., a corporation run by the Defendant under the Guri-si C (Non-103) that “If the Defendant borrowed KRW 30 million as business funds are needed to carry out the F building sales business, he/she will repay it up to February 17, 2010.”
However, in fact, the defendant had to pay the amount of KRW 10 million every month without any specific income at the time, and it was unclear whether the profit accrued from the commercial building sales business was made until the due date of the promise, so even if he borrowed money from the victim, he did not have the intention or ability to pay it.
The Defendant received 30 million won as a loan from the victim around that time.
Accordingly, the defendant was given property by deceiving the victim.
2. On October 12, 201, the Defendant made a false statement to the above victim’s office located in the Defendant’s building C, Dongri-si, 203, stating that “Around October 12, 201, the Defendant shall pay KRW 100 million, including KRW 30 million borrowed prior to the loan of KRW 20 million, up to KRW 30 million, and shall pay KRW 100 million up to October 31, 201, and shall pay KRW 100,000,000,000 of the borrowed money, including KRW 30,000,000,000,000.”
However, the defendant had to pay the amount of KRW 10 million every month without any specific income at the time, and since the said siren vehicle owned by D Co., Ltd. and the defendant could not sell money at his own discretion, the defendant did not have any intention or ability to pay the money even if he borrowed money from the victim.
The Defendant received 20 million won from the complainant to his account on the same day.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. The defendant;