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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
On June 14, 2018, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Northern District Court, and the judgment became final and conclusive on June 22, 2018.
1. On September 20, 2017, the criminal defendant against the victim M made a false statement to the victim M in Seoul Special Metropolitan City, Nowon-gu, where he/she had worked as his/her employee, that “Y” victim M, who became aware of as the other party to the former workplace transaction, was in the operation of the drinking house in the vicinity of the Nowon-gu Station. There is no money for customers to pay KRW 5 million. There is no money for customers to pay KRW 5 million. If the customer borrowed KRW 5 million, he/she will pay it within one month.”
However, in fact, the defendant did not pay off the money to the employee, and he thought that he would use the money borrowed from the victim for his personal debt repayment or living expenses, so he did not have any intention or ability to pay it.
The Defendant, by deceiving the victim as above, received five million won from the victim to the account of community credit cooperatives (A) in the name of the Z on September 20, 2017, and received KRW 28,400,000 in total from October 26, 2017 to October 26, 2017.
Accordingly, the defendant was given each property by deceiving the victim.
2. On March 10, 2016, the criminal defendant against the victim AB made a false statement to the victim AB, who is a door-to-door sales door-to-door sales in Nowon-gu in Seoul Special Metropolitan City, to pay the victim AB with the amount of money that would result in the 600,000 won of cosmetics and health food equivalent to KRW 400,00,000.
However, since from around 2012, the Defendant was a person with bad credit standing with a maximum amount of KRW 500 million, and was paid a large amount of debt that was not yet paid to the Defendant, the Defendant did not have any intent or ability to pay the amount even if he received cosmetics and health foods from the victim.
Nevertheless, the Defendant deceivings the victim as above, and thereby, constitutes cosmetics and health food equivalent to the sum of one million won from the victim.