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Acquittal of the accused shall be acquitted.
Reasons
1. The Defendant purchased non-performing loans and was an actual operator of G running real estate business.
On June 21, 2012, at around 15:00 on June 21, 2012, the Defendant stated that “If the Defendant invests KRW 120,000,000 in the securitization assets claim (non-performing bonds) against the land outside the JJ in the Gangseo-gu Seoul Metropolitan Government, the Defendant would give the victim I the proceeds of the principal and 20% after three months.”
However, the Defendant, as a bad credit holder, did not have certain income or property, and even if he purchased non-performing loans and won the secured real property, it was difficult to pay high-rate profits. Therefore, even if he/she received an investment from the victim, he/she did not have the intent or ability to pay the principal and profits according to an agreement.
As such, the Defendant, by deceiving the victim, received KRW 120 million from the victim to receive money from the victim on the same day.
2. For the crime of habitual fraud, the term “Habitual fraud” refers to the nature of the offender, which is a habit of repeated fraud, and the habition of the fraud in this context refers not to the habition of the fraud in accordance with the same method as long as it is recognized as the origin of the actor’s fraudulent behavior, but to the habition of the fraud in this category including the habition of the fraud in accordance with the same method; and
(Supreme Court Decision 9Do4797 delivered on February 11, 2000). The term "Habitual offender" refers to the type of crime subject to aggravated punishment in a case where it is recognized that a person who committed an act that constitutes a basic constituent element is equipped with the nature of the perpetrator, i.e., recidivism, which repeatedly commits the crime.
If a person who habitually commits multiple crimes repeatedly, the essence of the habitual crime is not to regard each crime as a separate crime and be punished as a single crime that covers all of them, but to be punished as a habitual crime.