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A defendant shall be punished by imprisonment for six months.
Of the facts charged in the instant case, the fraud against the victim C is acquitted.
Reasons
Punishment of the crime
1. On June 16, 2010, the Defendant against the victim D refers to F in Ulsan-gun, Ulsan-gun, U.S. on June 16, 2010, “A provisional attachment established on the G building owned by the victim D does not have any money to be raised in the fourth order, and if there is a provisional attachment to obtain additional loans as security, it would not be a loan, and if there is a provisional attachment, it would be the cancellation of provisional attachment, it would receive the loan, and if so, the agreement would be received.” At the first office of the Chuncheon District Public Prosecutor’s Office located at the Sincheon-si, Ma-si, U.S. on July 2, 2010, instead of cancelling provisional attachment of KRW 214,160,000 established on G building located outside of H-si, U.S., the victim owned by the Defendant, the agreement was prepared and received in return for the provisional attachment of KRW 40 million until June 17, 2011.
However, at the time, the Defendant was unable to pay wages to the employees of the said G and I boiler companies at the time, and was delinquent in paying approximately KRW 50 million of electricity of the said G, and the said G building did not have the intent or ability to pay the said money that was promised by the victim, such as the right to collateral security and provisional seizure of more than the said appraisal.
On July 6, 2010, the Defendant: (a) by deceiving the victim and having the victim cancel the provisional seizure of KRW 214,160,000, the above amount of the claim; and (b) obtained the pecuniary benefit of owning a building with no burden of provisional seizure.
2. On September 1, 201, the criminal defendant against the victim J made a false statement to the victim J that he/she would make a monthly payment to the victim J within an entertainment tavern operated by the Defendant under the mutual infinite, Gangdong-gu Seoul Metropolitan Government, and the victim J of the case that “I would make a payment immediately after the loan of money if I wish to do so.”
However, the Defendant, as a person of bad credit standing at the time, did not have any property or profit in addition to the above entertainment tavern.