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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On June 9, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for fraud in the support of Suwon Friwon, and on December 4, 2017, the above judgment became final and conclusive.
Criminal facts
1. On July 20, 2015, the Defendant committed a fraud of KRW 50 million: (a) at the D Auction Corporation office of the Defendant’s management corporation with the fourth floor of the 406th floor of the building in Ansan-si, Ansan-si; and (b) at the victim E to lend KRW 50 million to the victim E, the Defendant will pay interest of KRW 110,000 per month; and (c) after three months, the principal will be repaid.
“.....”
However, in fact, the defendant has no intention or ability to pay money as agreed even if he borrowed money from the injured party, because he has prevented the return of the prompt term debt in the situation where the debts are more than the property at the time.
The Defendant, by deceiving the victim as such, received KRW 50 million from the victim to the Agricultural Cooperative Account under the name of the Defendant as the borrowed money on the same day.
2. On July 29, 2015, the Defendant committing the crime of KRW 90 million: (a) on the part of the victim on July 29, 2015, “If the victim purchased land at an auction company, but borrowed KRW 90,000,000,000,000,000,000,000 won as of the interest of one month, and the principal shall be repaid until December 29, 2015.
“.....”
However, the Defendant did not have any intent or ability to repay as agreed upon by newly building an officetel even if he/she borrowed money from the injured party as well as the above debt.
As such, the Defendant, by deceiving the victim, received KRW 54.4 million from the victim to the Agricultural Cooperative Account under the name of the Defendant for the same day, and received KRW 29.6 million in cash on the same day, and received KRW 6 million from the above Agricultural Cooperative Account on July 31, 2015, and acquired KRW 90 million in total from the above Agricultural Cooperative Account.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Investigation report (report on details of execution of warrants);
1. A statement of the current status of cash custody certificate, process deed, and loan transactions;