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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 April 4, 2012, the Defendant was sentenced to two years of suspension of the execution of imprisonment for a crime of fraud at the Suwon District Court on July 27, 2012, which became final and conclusive on July 27, 2012. On March 14, 2013, the same court was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the said judgment became final and conclusive on August 29, 2013. On February 12, 2015, the same court was sentenced to ten months of imprisonment for a crime of fraud and the said judgment became final and conclusive on February 24, 2015.
【Criminal Facts】
The defendant is an operator of E Co., Ltd. who runs apartment execution business around Gwangju City.
1. On July 2010, the Defendant made a false statement to the effect that “In the course of operating the Republic of Korea E, the Defendant is performing apartment business of the 2,000 household unit with the victim F from the Mapo-dong, Dongjak-gu, Seoul, 321-113, Mapo-dong, Mapo-dong, Mapo-dong, Mapo-dong, Mapo-dong, G as a contractor. All procedures are resolved and approval of the business is difficult. When lending money, the Defendant would give a contract for all civil works and repay the borrowed money.”
However, since various contracts, such as the above apartment construction contract, are merely the work of Korea Asset Trust Co., Ltd. or G Co., Ltd., which is a trust, and the defendant did not have the right to receive a subcontract for civil engineering works from G, the defendant did not have the right or ability to make the victim receive a contract, and even if he borrowed money from the victim due to the aggravation of the financial situation, there was no intention or ability
Nevertheless, on July 16, 2010, the Defendant, by deceiving the victim as above, received total of KRW 92,000,000 from the Agricultural Cooperative account under the name of the Defendant, KRW 80,560,000 from H account, and KRW 70,490,000 from the I account, and acquired KRW 243,050,00 from the victim.
2. On September 2010, the Defendant would give a subcontract for civil works and receive a full payment from the victim F if he/she lends money to the victim F.