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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On October 25, 2016, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Northern District Court, and the judgment became final and conclusive on December 16, 2016.
1. Around September 15, 2014, the Defendant committed the crime against the victim C was false in the E Beauty Room operated by the Defendant in Seoul Special Metropolitan City, Nowon-gu, stating that “A person would lend KRW 5 million to the victim C after one month.”
However, the fact is that the defendant bears the obligation of KRW 70 million or KRW 100 million at the time, and the principal has not been repaid properly, so even if he borrows money from the injured party, he did not have the intention or ability to pay the above money within the time limit as agreed.
The Defendant, as such, by deceiving the victim, received KRW 5 million from the victim on the same day through the company bank account (F) in the name of the Defendant on the same day from the victim, and received KRW 31,550,000 in total five times from that time to July 7, 2015, as indicated in the list of crimes.
2. The Defendant committing the crime against the victim G may set the victim G at the above beauty art room around October 5, 2015, “Around October 5, 2015, the Defendant may spawn the victim G with the word only.”
The transfer of money with good opportunity will be able to receive money more than two weeks.
“A false representation was made.”
However, even if the defendant received the money from the injured party, he did not have the intention or ability to purchase the money at a low level.
The Defendant, as such, by deceiving the victim and deceiving the victim, received a total of KRW 10,90,000 from the victim on two occasions, including the sum of KRW 9.8 million on October 6, 2015 and KRW 1.1 million on November 17, 2015, under the name of the Defendant’s corporate bank account (F) through the Defendant’s name.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement of the police statement related to C and G;
1. Attachment of financial transaction information and copies of bankbooks;