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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
[criminal record] On September 27, 2005, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Daegu District Court, and was released on May 30, 2006 from the Daegu Prison on parole on the execution of the sentence, and the parole period expired on August 13, 2006.
[2] The Defendant, from August 2008 to October 2010, worked as the head of the headquarters from the Food Materials Distribution Company located in Daegu Suwon-gu D, and was engaged in the business of purchasing food materials, supplying food materials, and collecting money.
1. On February 12, 2009, the defrauded stated that “The principal shall be repaid up to April 30, 2009 by leasing KRW 10,000,000 to the victim C as the deposit for the pre-paid loan is insufficient” at the above “E office” office, and the Defendant fraudulently stated that “The principal shall be repaid up to April 30, 2009.”
However, in fact, the Defendant had no particular property at the time, and was unable to pay the card price of KRW 15 million, and was proceeding with the personal rehabilitation procedure, and the Defendant had to pay the debt amount of KRW 20 million even in the name of the wife and have to pay it in full. Therefore, even if he borrowed money from the victim, there was no intention or ability to pay it.
As such, the Defendant, by deceiving the victim, received the remittance of KRW 10 million to the account in the name of the Defendant’s wife F for the same day.
2. Around February 27, 2009, the Defendant: (a) collected KRW 302,700 from the proprietor of the above restaurant in Seo-gu, Daegu, a customer of the said “E” from the said restaurant; and (b) he arbitrarily consumed the said money for private purposes, such as entertainment expenses, etc. around that time; (c) from August 14, 2009, he/she embezzled the said money by arbitrarily consuming the said money for food goods for the victim’s sake; and (d) from August 14, 2009, until August 105, 2009, as indicated in the list of crimes attached hereto, the Defendant embezzled the said money for food goods in the sum of KRW 146,123,204, which was collected as food goods from the said restaurant, “E” and “H” restaurant.
3. The accused shall be punished by forging an official document and uttering a forged official document;