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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
Criminal power is sentenced to two years of imprisonment for fraud at the Seoul Southern District Court on September 10, 1998; five years of imprisonment for fraud at the Seoul Southern District Court on September 18, 1998; one year of imprisonment for a violation of the Illegal Check Control Act at the Seoul Southern District Court on December 14, 1999; six months of imprisonment at the Suwon District Court on October 24, 2002; and six months of imprisonment for a violation of the said Illegal Check Control Act at the Ansan Prison District Court on October 24, 2002; and the period of parole on May 19, 2006.
Criminal facts
1. On March 2006, the Defendant had no particular property or income for the Defendant immediately after the paroled for a long time in a prison on or around March 2006, and there was no experience or business fund in the course of operating a siren business or miscellaneous business, and even if the Defendant borrowed money from the victim C for the purpose of the above business fund, there was no intention or ability to repay the money.
Nevertheless, around March 10, 2006, the Defendant issued KRW 50,000,00,000 from the victim on April 1, 2006, to the victim, “E” restaurant operated by the victim in Yongsan-gu Seoul Metropolitan Government, stating that “The funds to establish a siren company in the broad area are required, and if the company establishment and operation funds are lent, it shall be repaid as soon as possible.”
2. The Defendant: (a) around June 2007, there was no specific income or property; and (b) the personal liability of creditors F and G etc. was approximately KRW 1.3 billion; (c) even if the Defendant had the victim C set up a mortgage to secure the Defendant’s obligation on the real estate owned by the Defendant, he/she had the victim C lent additional money to cancel the registration of the collateral by repaying the secured obligation with profits obtained by acquiring the clothing factory with the loan of money; and (d) there was no intent or ability
Nevertheless, the defendant, on June 2007, issued the above E cafeteria in the early 2007, issued the victim C's apartment as security.