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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
【Criminal Power】 The Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Northern District Court on October 23, 2014, and the judgment became final and conclusive on April 29, 2015, and is currently in the enforcement of the sentence at Seongdong-gu District Court.
【Criminal Facts】 The Defendant is a representative in the name of F (for example) operator of D (e.g., the main owner) who has promoted construction work for Seodaemun-gu Seoul Metropolitan Government, and was working as the head of the construction site.
Around March 7, 2014, the Defendant made a false statement to the effect that “Sudio C Construction Work in Seodaemun-gu, Seoul is being done in the same way as E” to the victim J at H hotel 1st, located in Seoul Special Metropolitan City, Nowon-gu, and that “Sudio E is being done. When the construction work is completed, one of the studio 2 Dongs is to be received by E, and KRW 201,000,000,000,000 shall be repaid two months after the loan of KRW 20,000,000,000,000 won per month, and interest shall be paid in 60,000,000 won per month,” and the Defendant and the above E, as a collateral for the loan, presented a studio sales contract to the effect that the Defendant and the victim sell the above 201,000 won to the victim.
However, the fact is that the defendant used 50 million won prior to the use by the defendant to K, and the right to the above room 201 as security was already transferred to the above K. The intention of lending 20 million won from the victim to use it for the repayment of personal debt and living expenses, etc., and there was no intention or ability to use it for the construction expenses. There was no other revenue or property, and there was no intention or ability to repay the borrowed amount.
As such, the Defendant, by deceiving the victim, received KRW 3 million in cash from the victim’s position, and received KRW 17 million in cash from the bank account (L) in the name of the Defendant on March 8, 2014, and received KRW 20 million in total as the borrowed money.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to J police officers;
1. Previouss before judgment: Criminal history records; and