beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Fraud;
A. On February 26, 2016, the Defendant made a false statement to the effect that he would make an investment of KRW 80,000,000 per month for 12 months in the first year, 90,000 per month for 12 months from the rhyth month, and 1 million won per month for 3 years from the rhyth year to February 2019, and return the principal without any molding it.”
However, in fact, the Defendant was liable for the total amount of KRW 250 million at the time, and as such, there was no intention or ability to return the investment money to the victim according to the agreement, since the Defendant thought that he would use a considerable portion of the money received from the victim for personal debt repayment, stock investment, etc.
As above, the Defendant, by deceiving the victim as above, acquired 45 million won from the victim to the bank account in the name of the defendant under the name of the victim for the same day.
B. On November 22, 2018, the Defendant made a false statement, such as cancellation of attachment, that “In order to cancel seizure and withdraw money from the account, the Defendant shall pay the interest on the loan in full” to the victim B at the Defendant’s residence located in Namyang-si, Namyang-si, the Namyang-si. In order to withdraw seizure and withdraw money. If the Defendant sent KRW 4.7 million, the Defendant would pay KRW 6 million within five days.”
However, the Defendant was in a situation where the Defendant did not have the ability to repay the existing principal and interest due to the business depression and debt at the time, and was thought to pay the unpaid insurance money by lending money from the victim as above, and there was no intention or ability to repay the said money according to the agreement to cancel the seizure of accounts or to cancel the seizure of accounts.
The defendant deceivings the victim as above, and 4.7 million won under the name of the defendant as the borrowed money from the victim on the same day.