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A defendant shall be punished by imprisonment for nine months.
Reasons
Punishment of the crime
[Attachment] On March 14, 2014, the Defendant was sentenced to one year of imprisonment and three months of imprisonment for fraud, etc. at the Seoul Central District Court, and the said judgment became final and conclusive on August 8, 2014.
【Criminal Facts】
On January 4, 2012, the Defendant, “2014 Highest 5836,” made a false statement to the effect that if the Defendant borrowed business funds from the “E” for various businesses, such as the “automobile security loan business,” to the victim, the Defendant would make 100,000 won interest per one million won month in the original month.
However, at the time, the Defendant, while gambling on the Internet, was liable for the above amount of 50 million won or more, was scheduled to use the said amount to repay the said amount.
As such, the Defendant, by deceiving the said victim, received from the said victim the remittance of KRW 6 million in the name of the borrowed money, from the said victim, to the account, and received KRW 21 million in total from the said victim on January 6, 2012, KRW 100,000,000 on January 12, 2012, KRW 300,000 on January 13, 2012, and KRW 21 million on January 15, 2012.
around November 20, 2011, the Defendant, “2014 Highest 5967,” made a false statement to the effect that he/she would complete the payment within six months, when he/she loans the business funds to the victim G to operate a motor vehicle security loan business from the motor vehicle product store located in Gwangju North-gu, Gwangju.
However, the Defendant, at the time of gambling, was liable to pay KRW 100 million to the Defendant, but did not have any intent or ability to pay the said victim’s debt, as the Defendant planned to use the said money for the purpose, such as repayment of such debt, and promised to do so.
As such, the Defendant, by deceiving the said victim and deceiving him/her, wired the amount of KRW 15 million on December 1, 201, KRW 25 million on December 5, 2011, KRW 5 million on December 10, 201, and KRW 5 million on December 10, 201, and deceiving him/her as “project funds are in need” on December 12, 201, as a method of deceiving him/her to “the amount of business funds”, KRW 2.4 million on December 15, 201, KRW 3 million on December 15, 201, KRW 120 million on December 16, 201, KRW 18,000 on December 18, 2011, KRW 500,000 on December 25, 2011.