beta
Text
A defendant shall be punished by imprisonment for a term of one year and eight months.
Reasons
Criminal facts
1. Fraud;
A. On November 2010, the Defendant stated that “Dju” operated by the Defendant in Suwon-gu, Daegu-gu, a victim E (“Dju”) that “If the Defendant loaned KRW 200 million business funds, the Defendant would offer KRW 100 million deposit for the lease of the G Telecom Burial to secure security and repay the borrowed money within six months,” the Defendant would provide the victim E with KRW 100 million deposit for the lease of the G Telecom Burial Burial scheduled to open to F.
However, from March 2010 to August 2010, when the operation of the D main office was poor, the rent of KRW 8 million was overdue from August 2010 to August 31, 2010, and on August 31, 2010, the D main office borrowed KRW 80 million from the D main office mutual savings bank as collateral, and it did not have any value as collateral for the D main office lease deposit refund claim, and there was no intention or ability to repay as agreed even if there was no other property owned by the victim, while the amount was reached KRW 130 million to the financial institutions, such as D main office mutual savings bank at the time, and there was no other property owned by the victim.
The Defendant, as such, by deceiving the victim, received from the victim the remittance of KRW 170 million on November 19, 201, and KRW 30 million on November 23, 2010 to the head of the Tong, under the pretext of borrowing money from the victim.
B. On December 2010, the Defendant stated that “The owner of a building in the Gelcom Burial, which is scheduled to open to Daegu Northern-gu F, shall raise the lease deposit in KRW 50 million to the victim at the beginning of the first week,” and that “The Defendant shall repay the deposit within six months if he/she lends KRW 50 million to the victim.”
However, from March 2010 to August 2010, since D's poor operation of D's store, the rent was accumulated monthly from around August 2010, and at the time, D's loan amounting to KRW 130 million to financial institutions, such as D's mutual savings bank, etc., was exceeded KRW 130 million, while the victim did not have any other property and borrowed money from the victim as the promise did not have any intent or ability to repay the money.
The defendant deceivings the victim and is under his control.