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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[criminal records] On September 3, 2015, the Defendant was sentenced to one year and six months of imprisonment for fraud in the Seosan Branch of the Daejeon District Court, and two years of suspended execution, and the judgment became final and conclusive on September 11, 2015.
[Criminal facts] The Defendant is a person who actually operated a limited company D from around 2008 to Geumsan-gun C, Chungcheongnam-gun, Chungcheongnam-do.
1. On June 2013, the Defendant: (a) deemed the Defendant to have tinsan to take the Victim E into the Geumsan-gun; (b) deemed the Defendant to have placed tinsan to gather aggregate; and (c) provided the victim with equipment, etc. for the extraction of aggregate; and (d) upon the commencement of quarrying, he/she may receive a prior deposit from the business operators; and (c) at least KRW 2-300 million monthly income may be granted; (d) however, the Defendant may obtain a permit to extract aggregate by deposit KRW 1 billion at the cost of restoration for the exclusive use of mountainous districts in the Geumsan-gun and the forest area; (c) however, the KRW 300 million was not yet prepared using the insurance certificate issued by the Seoul Guarantee Insurance Act; (d) if 300 million won was deposited in cash, the Seoul Guarantee Insurance Co., Ltd. additionally issued the remainder of the guarantee bond and loan KRW 100,000,000,000,000.”
However, as a person with bad credit standing, from around 2007, the Defendant was unable to lend and change the amount equivalent to 600 million won from many people on the pretext of the above tinsan Project or other business funds, and there was no other property on the other hand, while there was no other property, and even if the Defendant started quarrying with the permission to extract aggregate and gains profits therefrom, there was no intention or ability to repay KRW 100 million per month on the ground that there was a need for operating expenses of 120 million or more per month on the ground of mining fees, personnel expenses, etc. and the existing debts were accumulated.
Nevertheless, the defendant deceivings the victim as above, and he/she is suffering from the damage.