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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On March 22, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of aiding and abetting fraud in the Daegu District Court, and two years of suspended execution, and the judgment became final and conclusive on March 30, 2019.
[2019 Highest 573] The Defendant is a person who mainly operates B from April 2017 to dispatch nursing staff to a hospital, and the victim C is a person who works as an employee in the above Section B.
1. The Defendant stated, around August 11, 2017, that “The Defendant would make payment after one week if he/she lent KRW 8 million to the victim,” in E located in Ansan-si, Ansan-si.
However, in fact, the Defendant had no property in possession since he was declared bankrupt due to bad credit standing in 2013, while on November 17, 2016, the Daegu District Court did not have any intent or ability to repay the property even if he borrowed money from the victim because the Defendant had a considerable amount of debt to F, the victim of the case punished for fraud, including KRW 22 million.
Nevertheless, the Defendant made a false statement to the victim as above, and acquired 8 million won from the victim to the corporate bank account (G) account in the name of the Defendant on the same day.
2. On April 30, 2018, the Defendant stated, “Around April 30, 2018, the Defendant stated to the victim that “I would promptly repay to the maximum extent possible if I lend KRW 6 million to the employees.”
However, in fact, the Defendant had no property in possession since he was sentenced to bankruptcy due to bad credit standing around 2013, while on November 17, 2016, the Daegu District Court had assumed a considerable amount of debt to F, a victim of a crime of fraud, including KRW 22,00,00,000, which was punished for fraud, at the Daegu District Court. The Defendant was in a state of failure to pay wages to employees in B around March 2018, and thus, the Defendant borrowed money from the victim.