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A defendant shall be punished by imprisonment for one year.
Of the facts charged in the instant case, the fraud as to C is acquitted.
Reasons
Punishment of the crime
[2013 Height4664]
1. On January 21, 2012, the victim D related Defendant transferred KRW 55,00,000,000 to the Agricultural Cooperative account in the name of F designated by the Defendant, to the victim’s restaurant operated by the victim D, who was in the Seocho-si, the Defendant: “In order to purchase goods in bulk to purchase a large quantity of dumped goods and deliver them to marina; the money to purchase a gift set was entered; and the victim transferred KRW 15,00,000 to the Agricultural Cooperative account in the name of F on February 16, 2012.
After that, on March 2012, the Defendant again told the victim of the above restaurant that he would employ the victim’s children as an employee, and that the victim would have borrowed money more necessary to do so. The victim transferred KRW 15,00,000,000 to the above account in the name of F around March 23, 2012, and KRW 75,00,000,000 from March 26, 2012.
However, even if the Defendant borrowed the above money from the victim, it was thought that the considerable part of the money was used for purposes other than the purchase of goods, and there was no intention or ability to pay the principal and interest of the victim properly.
In this way, the defendant deceivings the victim and 160,000,000 won in total from the victim.
2. On October 8, 2012, the victim G-related Defendant received money from the victim G to the above account in the F’s name, on the following grounds: (a) even if the Defendant borrowed money from the victim G, the fact did not have the intent or ability to fully repay the money; (b) however, the Defendant’s phone calls to the victim to the effect that “if sold in a warehouse by purchasing a large number of dumped goods and selling them in a warehouse, he/she may be punished for money; and (c) the money would be repaid three days after the purchase of the goods.” (d) the Defendant, on or around October 9, 2012, acquired money from the victim to the said account in the F.
[2013 Highest 4762] The defendant deals with F with F as "credit bad in a non-credit location from January 201 to February 2011."