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The sentence against the accused shall be determined by a fine of KRW 3,00,000.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
[criminal power] On August 22, 2019, the Defendant was sentenced to 8 years of imprisonment for a crime of fraud at the Ulsan District Court, which became final and conclusive on October 25, 2019.
【Criminal Facts】
Around March 29, 2017, the Defendant made a false statement to the effect that “The Defendant would make a repayment of interest on the borrowed money while running a business, if he/she lends KRW 24 million to the victim B, he/she would repay the existing loan and pay the borrowed money within one week after receiving another loan.”
However, at the time, the Defendant was in a state of over KRW 100 million, and was thought to use the money borrowed from the victim for gambling, and even if there was no particular property or income, there was no intention or ability to repay the money in time.
The Defendant, by deceiving the victim as above, received KRW 24 million from the victim to the account in the name of the Defendant on the same day.
On June 9, 2017, the Defendant continued to contact the victim at an unsound place and made a false statement to the effect that “If the present loan has not been approved but is borrowed in addition to the loan amount of KRW 9 million, the Defendant will repay all of the borrowed money.”
However, even if the Defendant borrowed additional money from the victim, it was thought that it was used in the Internet gambling, and there was no particular property or income, so there was no intention or ability to repay it to the victim.
The Defendant, by deceiving the victim as above, received KRW 9 million from the victim to the account in the name of the Defendant on the same day.
Accordingly, the Defendant, by deceiving the victim, received a total of KRW 33 million from the money borrowed twice in total.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. SNS dialogues and requests for provision of financial transactions;
1. The decision making process: