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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On November 21, 2012, the Defendant was sentenced to a suspended sentence of ten (10) years of imprisonment for a crime of fraud at the Sungnam Branch of Suwon District Court on November 21, 2012, and the said judgment became final and conclusive on November 29, 2012.
On March 2011, the Defendant made a false statement that “The funds to take over the GNR clubs” to the victim F is insufficient. If the Defendant borrowed KRW 60,000,000,000, the monthly interest rate is 4%, and if the principal is requested after the acquisition of the age club, it shall be returned within one month.”
However, the facts are that the Defendant, who was the Defendant, tried to take over the above age club, and the Defendant did not borrow the above money from the victim because he did not participate in the process of taking over the above age club, but did not intend to use it in the funds for taking over the age club. In addition, the Defendant did not have the ability to pay the money within a given period even if he received a request from the victim
Nevertheless, on March 16, 2011, the Defendant, from the victim’s wife on March 16, 201, received KRW 30 million from the SK Securities Account under the victim’s wife I, and the same year.
4.5. It was transferred from the above I’s account to the Defendant’s corporate bank account in the amount of KRW 13 million and KRW 17 million from the victim’s account.
Accordingly, the defendant acquired financial benefits by deceiving the victim.
The Defendant and the J, around 2007, divorced around 2007, intended to borrow money from the victim K as collateral and to acquire money from the victim by acting as a lessor as a lessor.
Around June 2010, the Defendant made a false statement to the effect that “The Defendant, at the MNM Capital Office located in Jongno-gu Seoul Metropolitan Government, would allow the victim to borrow a loan by collateral KRW 110 million on the lease deposit No. 101,00,000,000,000 for the first floor of Yangcheon-gu Seoul Metropolitan Government, 101,000 won.”
The Defendant and J are “O” located in Seocho-gu Seoul Metropolitan Government N around June 7, 2010.