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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Criminal facts
On December 24, 2015, the Defendant was sentenced to imprisonment with prison labor and three years and six months for fraud at the Changwon District Court on December 24, 2015, and the judgment became final and conclusive on February 18, 2016.
The defendant acquired property profits equivalent to 500 million won in total for business purposes from the victim D on the ground that the defendant was the representative director of the B corporation established for the purpose of development of tinsan, from March 2007 to September 2, 2007, and was developing tin acid in macro C et al. from around September 2007.
Because the victim has already lent a considerable amount of money, the defendant has tried to acquire money from the damaged party, such as business funds, by using the fact that the project should be successful in order to recover the borrowed money.
1. On July 11, 2008, the Defendant sent a telephone to the victim at an insular location and made a false statement to the victim, stating, “The date of permission in relation to the development of tinsan is the date of permission, and if it is not well-known, the ownership of the site will be transferred, and the money necessary for the completion of the permission for tinsan will be lent to the victim.”
However, as the defendant did not file an application for permission to collect earth and stones to develop tin acid, it was unclear whether to develop tin acid and make profits from it, half of the shares in the above tin acid were owned by E and the defendant did not have the right to dispose of the above site at will, and there was no right to dispose of the above site at will, and there was a situation in which the defendant could not sufficiently secure the debt to the victim due to the site of tin acid because tin acid was provided as a security, and there was a debt exceeding one billion won, such as borrowing money from the victim other than the victim and E and F, and there was no particular revenue or property, so even if he was given the money from the victim, he did not have the intent
The defendant deceivings the victim as above and was given KRW 30 million on the same day from the victim.
2. On November 2008, the Defendant is in Seoul.