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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On March 17, 2010, the defendant was sentenced to 10 months of imprisonment and 2 years of suspension of execution for fraud in Busan District Court's Dong Branch. The judgment became final and conclusive on March 25, 2010.
1. In the course of operating a driving school and a gas station, the Defendant was in bad credit standing because it was unable to pay approximately two billion won of taxes and gas station, and the 8 and 9th floor of the D building located in Daegu Northern-gu Seoul was "sports center", and was in a state of lusure whether it could be accepted during the legal management and opened as a film theater. On March 29, 2006, E accepted the financial right obligation of KRW 3 billion with the right holder of the 1st and third floor of the said D building within one month, and the remaining 300 million won acquired the business license agreement on the condition that it shall be paid within one month, but it was aware that it was not performed.
In addition, the Defendant was sold to the sixth or nine floors of G film theaters in Gyeong-nam, G film theaters from H, an executor, in order to resolve disputes around January 2006, the Defendant filed a lawsuit against the sixth floor after he filed an application for the temporary suspension of construction at H. In addition, since the construction cost of the above building was not prepared, the Defendant did not have any intent or ability to pay the amount normally even if he borrowed or received an investment from the construction business operator due to the failure to prepare the construction cost of the above building.
Nevertheless, on September 5, 2006, the Defendant made a false statement to the victim stating that “I would complete payment by the end of December, 2006, if I would lend 30 million won to J commercial building in Daegu, while I would like to acquire the J commercial building. I would like to lend 30 million won to J commercial building in Daegu.”
As such, the Defendant, by deceiving the victim, received KRW 15 million from the victim for the purpose of borrowing money, as well as from around that time until October 16, 2006.