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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
around October 16, 2015, the Defendant was sentenced to a suspended sentence of one year to four months for fraud at the Seoul Central District Court, and the judgment became final and conclusive around the 24th day of the same month. On November 19, 2015, the Seoul Central District Court sentenced ten months to imprisonment for fraud at the Seoul Central District Court on April 25, 2016, and the judgment became final and conclusive around October 14, 2016, upon being sentenced to one year and two months imprisonment for fraud at the Seoul Central District Court on July 8, 2016.
The Defendant around January 2015, at the E coffee shop located in Songpa-gu Seoul Metropolitan Government, intends to comply with the Defendant’s tender of Hant and sports center operating a lending company that became aware of through F. G.
The tender amount shall be repaid within two months from the loan of the bid amount.
“......”
However, in fact, the Defendant borrowed funds from or invested in other persons on several occasions under the pretext of receiving the right to operate the sports center, such as a swimming pool, but the Defendant was unable to receive a successful bid and receive a demand for refund due to a very difficult economic situation, such as not being awarded the right to operate the sports center, and was unable to receive a successful bid, and there was no idea to participate in the bid for the right to operate the sports center. Therefore, even if the Defendant borrowed money from the injured party, there was no intention to receive the right to operate the sports center and to change it from the proceeds of its operation.
As such, the Defendant, by deceiving the victim as such, received KRW 15 million from the victim on January 20, 2015, around February 2, 2015, KRW 10 million on or around February 2, 2015, KRW 30 million on or around February 3, 2015, KRW 20 million on or around February 4, 2015, and KRW 5 million on or around February 10, 2015 from the Defendant’s bank account in the name of the Defendant.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement of each part of the protocol concerning the interrogation of the accused by the prosecution (including the G part concerning the interrogation of the suspect);
1. Statement concerning G in the police statement protocol;
1. The description of transactions; and