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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On October 24, 2013, the Defendant was sentenced to a suspended sentence of two years to eight months of imprisonment for fraud, etc. at the Seoul Central District Court on April 24, 2014, and the judgment became final and conclusive on April 24, 2014, and on February 17, 2016, the Seoul Northern District Court was sentenced to four months of imprisonment for fraud, and the judgment became final and conclusive on February 25, 2016.
1. The Defendant introduced the fact that, even if receiving a nominal loan from the victim C, the Defendant would bring about a copy of the passbook and a balance certificate, etc. of the account deposited in KRW 30 billion to the victim, and that the victim did not have the intent or ability to use the account deposited in the account from the owner of the account (hereinafter “the owner of the fund”) to lend KRW 30 billion, the Defendant would allow the victim to use it. On September 24, 2012, the Defendant introduced the fact that around September 20, 2012, the Defendant acting as an agent for the owner of a large amount of assets in the trade in the non-fash shop located in Seocho-gu Seoul Metropolitan Government Seocho-gu, Seocho-gu, Seoul, as the head of the office, around September 24, 2012.
Of KRW 60 million, KRW 30 million, first of all, shall be deposited with the account owner by preparing a copy, balance certificate, transaction statement, resident registration of the account owner, etc., a copy, a certificate of seal impression, and a copy of resident registration certificate of the account owner, which shall be deposited with KRW 30 billion on the face of each week.
“A false statement to the effect that the Plaintiff was issued three copies of the check at the face value of KRW 10 million from the victim on the same page. On September 25, 2012, the following day on September 25, 2012, the Plaintiff acquired KRW 60 million in total by additionally receiving three copies of the check at the face value of KRW 10 million from the victim on the same page, on the following grounds: (a) the nominal owner of the account to deliver the remaining KRW 30 million to the gold owner; and (b) the account owner may bring about documents, such as a copy of the passbook.”
2. The Defendant is worth KRW 60 million from the injured party.