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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[Criminal Power] On December 27, 2013, the Defendant was sentenced to imprisonment with prison labor and six months at the Seoul Central District Court for fraud, and the said judgment became final and conclusive on May 29, 2014.
[2014 Highest 2319]
1. On February 23, 2012, the Defendant made a false statement to the victim E at the “D office” office located on the fourth floor of the Mapo-gu Seoul Mapo-gu Seoul building C, stating that the Defendant would pay money more than three months after the high seas and make a settlement for the establishment of apartment mortgage, so that the funds for the establishment of a U.S. local corporation are insufficient to develop and enter into a contract with the U.S. local government, so that the bank can obtain a loan of 100 million won.”
However, the defendant did not promote the establishment of a local corporation in the United States, and even if he borrowed money from the victim due to the lack of funds to properly operate the company, he did not have the intention or ability to pay it.
Nevertheless, on February 28, 2012, the Defendant, by deceiving the victim as above, received documents related to apartment owned by the victim, and then established a collateral security amount of KRW 130 million with respect to the above apartment on February 28, 2012, and acquired pecuniary benefits equivalent to the amount of KRW 100 million with loans extended from the Ep Savings Bank.
[2014 Highest 5516]
2. On June 28, 2012, the Defendant made a false statement to the victim H, who was aware of the victim H’s reputation in the G basin located near Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, stating that “The Defendant would pay interest on the loan of KRW 60 million if the Defendant borrowed the loan from China, and would pay the principal by December 20, 2012.”
However, the facts are that the defendant did not import new shares, and the creditors, other than the victim, have failed to repay the borrowed amount of 400 million won by taking out business funds, and there was no intention or ability to repay the borrowed amount even if it borrowed additional money.
Nevertheless, the defendant is guilty.