A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[Criminal record] On October 20, 2015, the Defendant was sentenced to a suspended sentence of two years for criminal fraud in the Jeonju District Court’s branch of Eup/Myeon on August 2015, and the said judgment became final and conclusive on October 28, 2015.

[Criminal facts] The Defendant, at a certified judicial scrivener office located in Jung-gu, Jung-gu, Seoul, on September 16, 2013, paid the victim E with interest of 24% per annum on a loan of KRW 100 million. The Defendant would pay the victim E without molding from September 15, 2014.

It is intended to lend money to other persons as KRW 100 million and pay interest on interest.

“A false representation was made.”

However, even if the Defendant received money from the injured party, he did not think that most of them would be ‘free from returning’ under the pretext of personal debt repayment or living expenses, etc., and did not intend to repay the money to the injured party by doing corporate bonds business. Around that time, the Defendant did not have the ability to repay the money to the injured party, since there was no particular property or income, the Defendant was about KRW 250,000,000, even though there was no specific property or income.

The defendant acquired 98,00,000 won from the damaged person to the Nong Bank account (F) in the name of the defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A process deed;

1. Account transactions;

1. A previous conviction: A written reply to inquiry, such as criminal history, a report on the result of confirmation of a previous conviction and a copy of the judgment [the defendant, with the criminal intent of deceiving the victim by deceiving him/her, shall not be acquired money in the name of the borrowed money. However, at the time of the borrowing of this case, the defendant was liable for excessive debts without any particular property, and the defendant merely used the borrowed money received from the damaged person to repay his/her personal debt or used it to repay it through other monetary lending and borrowing transactions, and did not have the old repayment plan. The victim is about the economic situation that is difficult for the defendant at the time of borrowing of this case.