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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal Power] On August 28, 2009, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Ulsan District Court on August 28, 2009, and the said judgment became final and conclusive on September 5, 2009.
【Criminal Facts】
1. On June 23, 2008, the Defendant made a false statement that “B will engage in the export business of used cars” to the victim in the “D Real Estate” office operated by the victim C in Gyeyang-si, Yangsan-si, and export 10 vehicles of the automobile driving school located in Kim Jong-si, a business partner, by collectively purchasing 10 vehicles in the automobile driving school located in Kim Jong-si, a business partner, would incur considerable revenue. If the Party loans 25 million won, part of the principal and profits will be repaid within 60 days.”
However, in fact, the Defendant had a debt amounting to KRW 50 million at the time, and the Defendant had recorded and recorded the amount of KRW 5 million per month for the export business of the automobile operated by the Defendant, and thus there was no intention or ability to complete payment even if he borrowed money from the victim.
Around June 25, 2008, the Defendant, by deceiving the victim, received KRW 15 million from the victim, to the Agricultural Cooperative Account in the name of the Defendant’s employee, and KRW 10 million from June 27, 2008 to the Agricultural Cooperative Account in the name of the above E, respectively.
2. Around July 2008, the Defendant made a false statement to the victim in the “D Real Estate Office” office that “I know that I are in a de facto position f. In doing automobile export business, I would be able to have a large amount of money in our company work as an employee. On the other hand, I would be able to lend 20 million won to the company’s operating fund in addition, I would be able to repay within six months.”
However, on the ground of Paragraph 1, the defendant did not have any intention or ability to repay the borrowed money from the victim.
The Defendant, as above, by deceiving the victim, received two copies of the check of KRW 10 million from the victim around July 18, 2008.
Summary of Evidence
1. Each protocol concerning the examination of the suspect against the defendant;
1.With respect to C, F, and G: