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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
1. On November 23, 2017, the defrauded of the borrowed money: (a) on the 13th floor office of Bupyeong-gu Incheon Bupyeong-gu B building; (b) on the 13th floor office of Bupyeong-gu, Incheon; and (c) on the 100 million won loan from the money borrowed from the victims, the defrauded did not have the intent or ability to repay the loan even if he borrowed the money from the victims; (b) on the other hand, the defrauded was transferred to the victim C by means of “a loan of KRW 30 million,00,000,000 won for principal and interest shall be paid once every three months, and the interest shall be reduced (60,000 won per month) from the monthly payment in the number of pages operated by the Plaintiff.” (c) The defrauded was transferred from the victim to the D Bank Account (E) account in the name of the Defendant.
In addition, from the date and time to July 2, 2018, the Defendant received total of KRW 175,40,000 from five victims, such as C, as shown in the attached Table 1 [Crime Table 1] from the victims of the above case, and acquired the money through the above account.
2. On March 31, 2017, the Defendant: (a) the 13th floor office of the Bupyeong-gu Incheon Bupyeong-gu B building in Bupyeong-gu, Incheon; and (b) the facts were organized by means of financing to prevent the return of existing debts; and (c) the victims planned to use the monthly payment from the victims to pay the money properly to the victims on the sequence assigned to the victims; and (d) notwithstanding the absence of the intent or ability to pay the money properly, the Defendant received the money from the victim F by means of fraud, stating that “I would subscribe to the number fraternity operated by the internal government and raise the money at 16 if I will pay the money in 1,500,000 won per month from March 31, 2017 to May 31, 2018, the sum of KRW 1,500,000 from the victim’s bank account in the name of the Defendant.
In addition, the Defendant received from March 31, 2017 to July 2, 2018 the total sum of KRW 26.7 million from seven victims, such as F, etc., to the said account, as shown in attached Table 2.