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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] On July 9, 2015, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for six months at the Seoul Central District Court on July 17, 2015, and the judgment became final and conclusive on July 17, 2015. On June 29, 2017, the same court was sentenced to one year of suspension of the execution of imprisonment with prison labor for six months as a crime of fraud, and six months of imprisonment with prison labor for six months on November 17, 2017, respectively.
【Criminal Facts】
1. On August 15, 2013, the Defendant made a false statement to the effect that “The Defendant would pay the victim D money within the loaning KRW 10 million at a multi-level C office located in Gangnam-gu Seoul, Seoul, with the victim D.”
However, at the time of fact, the Defendant did not have any economic difficulties to the extent that he could not pay the office rent or the monthly salary of employees, and there was no specific plan or method to provide the victim with the money in return for the business in a lump sum, so even if he borrowed the money from the victim, the Defendant did not have any intent or ability to pay the money.
The Defendant, as above, by deceiving the victim, received 6 million won from the victim as the borrowed money on the same day.
2. On December 27, 2013, the Defendant made a false statement to the effect that, at the office of the Defendant located near the F in Gangnam-gu Seoul, the Defendant would lend money to the victim D. If the Defendant borrowed money as security and borrowed money within five months, the Defendant would repay all of the money borrowed within five months.
However, at the time of fact, the Defendant did not have any economic difficulties to the extent that he could not pay the office rent or the monthly salary of employees, and there was no specific plan or method to provide the victim with the money in return for the business in a lump sum, so even if he borrowed the money from the victim, the Defendant did not have any intent or ability to pay the money.
The Defendant deceivings the victim as above.