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Defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[Criminal record] On May 2, 2018, the Defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Southern District Court on August 2, 2018, and that judgment became final and conclusive on May 9, 2018.
[Criminal facts]
1. Around July 2016, the Defendant against the victim B stated that “A victim B, who was aware of the usual city in Jeju-si, was operated by the victim B, who borrowed money to the necessary money for the sales and purchase business of used cars and the operation of the wholesale and retail business of motor vehicle parts currently operated, will use it only for several months and make a full payment, considered as an investment concept, and will make 50% out of the profits from operation other than the principal.”
However, in fact, the Defendant was unable to normally operate the automobile trading company due to the unreasonable expansion of business due to the relocation of the place of business from early 2016, and the Defendant was merely trying to repay his/her obligation even if he/she borrowed money from the injured party due to a large amount of personal damage, and there was no intention or ability to pay his/her money to the injured party by operating the business normally.
Nevertheless, the Defendant, as seen above, received a total of KRW 222,00,000,00 from the victim to the victim on July 1, 2016 as well as remittance of KRW 50,000 from the victim. From that time to December 16, 2016, the Defendant acquired a total of KRW 222,00,00,00 as shown in the List of Crimes Nos. 1.
2. Around December 29, 2016, the Defendant against the victim D stated that “A victim D, who was aware of his/her reputation in the automobile trading company located in Jeju-do, Jeju-do, would be paid a full payment after paying profits within the month of the sale of the vehicle,” with the victim D, who was aware of his/her reputation in the automobile trading company located in Jeju-do, Jeju-do.
However, even if the defendant borrowed money from the injured party due to the lack of economic ability as stated in Paragraph 1, he was merely trying to repay his debt and did not have the intent or ability to pay the money to the injured party by operating the business normally.