beta
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal power] On April 6, 2004, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Southern District Court, and was released on September 30, 2004 during the execution of the sentence in Seoul Southern District Court on November 1, 2004, and the parole period expired on November 1, 2004. On August 14, 2009, the Seoul Southern District Court sentenced two years and three months of imprisonment for fraud, etc. at the Seoul Southern District Court, and the judgment became final and conclusive on August 22, 2009.
【Criminal Facts】
1. The Defendant, at the office of the victim F in Mapo-gu Seoul, on March 2007, imported and sold a foreign-registered brand product, such as Ghana, from the victim F, at the victim F office in Mapo-gu, Seoul. If the Defendant leased KRW 104 and lent KRW 125 million to the Plaintiff for the purpose of carrying out the above business, the Defendant would pay a monthly rent of KRW 7 million for three months by importing and selling the goods with the money, and then pay a monthly rent of KRW 10 million. On the other hand, if the Plaintiff did not carry out a normal business, or upon the expiration of the contract period of two years, the borrower would pay KRW 125 million in borrowed money.
However, according to the circumstances where the Defendant bears the obligation equivalent to KRW 500 million at the time, the Defendant thought that a considerable portion of the funds would be used for personal purposes, such as personal debt repayment, etc., and there was no intention or ability to import and sell goods normally and make profits from them. There was no intention or ability to repay the borrowed funds even if the contract term expires.
As above, the Defendant, by deceiving the victim as above, obtained a total of KRW 124,029,00 from the victim on March 28, 2007, and acquired a total of KRW 124,029,000 from the victim on April 9, 2007.
2. On May 2007, the Defendant, at the office of the FF office of the said Victim’s F, sent money to the victim “on the face of the victim” with the said money, was responsible for the inside and selling things.