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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal power] On November 19, 2017, the Defendant was sentenced to imprisonment with prison labor for three years and six months at the Seoul Eastern District Court on July 7, 2018 and the judgment became final and conclusive on July 7, 2018.
【Criminal Facts】
1. On March 24, 2010, the Defendant stated that, around March 16, 2010, the Defendant would pay 4% interest per month to the victim D in C office located in the 7th floor of the new building in Gangnam-gu Seoul Metropolitan Government, Seoul, and that, “The principal may be deducted at any time if the Defendant would return the money to the company by inserting the money in a fixed deposit in the bank. The principal may be deducted by 30 million won per day if the Defendant talks with the bank at any time.”
However, the Defendant did not have any particular property or income as a bad credit holder, and it was difficult for the Defendant to be unable to pay the monthly rent of the office due to the lack of operating profit of the said company, even if he received money from the victim, he was thought to use it individually, the Defendant did not deposit all the money transferred by the victim in the term deposit, and there was a circumstance in which it was difficult to return the principal even at the request of the victim because it was established the right of pledge on the term deposit due to other debts, so there was no intention or ability to return the principal even if he received the money from the victim.
The Defendant, by deceiving the victim as above, received KRW 200 million from the victim to the company bank account in the name of the said company around March 24, 2010.
2. From May 2010 to June 2010, the Defendant told the Defendant at the office of the said company on May 2010, 201, that “The Defendant would pay the victim the interest of 10 copies per month on borrowed money with C call funds, and issue the cash check for the principal. The Defendant would receive the cash by presenting the cash check to the bank on the date when the check is to be issued in an amount calculated by adding 10% to the principal.”
However, in fact, the defendant is a bad credit holder.