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A defendant shall be punished by imprisonment for six months.
Of the facts charged in the instant case, the fraud against the victim B shall be acquitted.
Reasons
Punishment of the crime
around January 20, 2016, the Defendant: (a) entered into a contract for the transfer of business rights and facilities with the victim C and “E located in Yangcheon-gu Seoul Metropolitan Government from the injured person; (b) KRW 30 million on the day of the contract; (c) KRW 420 million on the day of the contract; and (d) KRW 420 million on the day of January 20, 2016; and (c) changed the trade name into “F” after acquiring the said E; and (d) a person who established and operated HA with G for the purpose of construction material, wholesale business, etc. around March 8, 2016.
1. On April 4, 2016, the Defendant made a statement to the effect that “the Defendant would repay KRW 30 million, including interest, to the victim after one month after lending KRW 27 million, which is obtained by deducting KRW 3 million from the preferred interest as the operating funds, etc. of H are required.” On April 4, 2016, the Defendant made a statement to the Defendant that “the Defendant would repay KRW 10 million to the victim of the police officer during the April 2016, after one month.”
However, the Defendant and G established and operated the H without any particular funds, but there was almost no sales at the time.
In addition, the defendant acquired the above F and continued to be in a hostile state from January 2016 to March 201 of the same year, with loans of an amount equivalent to KRW 50 million from K bank, etc., the defendant borrowed the apartment owned by the defendant as collateral and operated the above M& with a loan of KRW 60 million, but there was no particular property. Therefore, even if he borrowed money from the damaged person, there was no intention or ability to make a change within the agreed period.
As such, the Defendant, by deceiving the victim, received the total sum of KRW 27 million from the victim on April 4, 2016, and KRW 10 million on April 25, 2016, and acquired KRW 37 million from the victim to the K bank account in the name of H bank account.
2. The Defendant is located in Yangcheon-gu Seoul Metropolitan Government D around May 20, 2016.