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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal record] On November 10, 2016, the Defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor for a crime such as fraud at the Seoul Central District Court, and the sentence became final and conclusive on June 30, 2017.
[Criminal facts] The Defendant is a representative director of FF corporation.
1. On July 31, 2015, at the above office located in Seocho-gu Seoul Metropolitan Government Seocho-gu, “F Co., Ltd. has to perform artificial construction works to open money gas free shops to the victim H. However, if it lends KRW 10 million to the Plaintiff, it would pay KRW 1.5 million per week interest, including KRW 1 million.
However, at the time of fact, the Defendant did not have any intention or ability to repay the borrowed money from another person in time, in order to borrow money from another person and to pay the borrowed money from another person for no particular income or property.
Therefore, the victim was issued a copy of the check to himself/herself on the same day from the injured party.
2. On September 16, 2015, around Seongbuk-gu, Seongbuk-gu, Seoul, the Plaintiff borrowed an additional amount of KRW 4,375,00,00 to the said victim in the French coffee shop near Seongbuk-gu, Seongbuk-gu, Seoul, and offered money gas as security.
The phrase “the phrase was false.”
However, in fact, there was no intention to offer the security deposit as security, and there was no intention or ability to repay the money as seen earlier.
Therefore, 43,750,000 won was granted from the injured party.
Accordingly, the defendant obtained a total of KRW 5,3750,00 from the damaged person on two occasions and acquired it by fraud.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the examination of suspects of I by the prosecution (including the part concerning H's statement);
1. Statement made by the police with H;
(a)a copy of the passbook, a process deed, a letter, NIC evaluation information;
1. The investigation report (K. as a J authorized broker).