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A defendant shall be punished by imprisonment for four years.
An application filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
[2014 Highest 1635] On October 11, 2013, the Defendant was sentenced to a suspended sentence of two years on October 19, 2013 by the Seoul Western District Court for the crime of forging private documents, etc. and the judgment became final and conclusive on October 19, 2013.
The Defendant decided to obtain money as investment funds by deceiving the people with a friendly relationship with the F that operates the E extension House due to the lack of financial resources of “D” that he/she has operated.
1. Fraud against the victim G;
A. The Defendant, around May 29, 2009, told the victim G to the effect that, although there was no fact that he made an investment in E’s house, he/she would make an average of 2% of the monthly income by making an investment in E, and was remitted from the victim as an investment deposit.
B. Around December 31, 2010, the Defendant, at the Seoul Fransh District, made a false statement to the said victim stating that “if an investment is made with H’s operating capital, he/she would distribute the profits therefrom.” The Defendant received KRW 20 million from the victim as investment money.
C. Around May 16, 2013, the Defendant obtained the victim’s pecuniary benefit equivalent to the same amount by borrowing KRW 10 million from the Korea Savings Bank in the Bank in the Bank of Korea, by falsely concluding that, although the Defendant did not have any intent or ability to complete the tax audit even if he/she received the loan, he/she did not have any intent or ability to repay the loan, the Defendant obtained the victim’s pecuniary benefit equivalent to the same amount by borrowing KRW 10 million from the Korea Savings Bank in the Bank of Korea.
2. Fraud against victim I;
A. On January 10, 201, the Defendant: (a) around January 10, 201, at the D office in the operation of the Defendant located in Songpa-gu Seoul building 607; and (b) on fact, the Defendant extended the principal to the Victim I with the interest of 2-2.5% per month when the Defendant did not have the intent or ability to take over E’s house; and (c) even without having the intent or ability to take over the E’s house.