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A defendant shall be punished by imprisonment for not more than ten months.
Costs of lawsuit shall be borne by the defendant.
Reasons
Punishment of the crime
On October 4, 2019, the Defendant was sentenced to 10 months of imprisonment for fraud at the Incheon District Court, and the said judgment became final and conclusive on December 21 of the same year.
1. On February 1, 2017, the Defendant concluded that, at the D Licensed Real Estate Agent Office operated by the Defendant located in Gangseo-gu Seoul Metropolitan Government B C, the victim E purchased a house that is under reconstruction in Gangseo-gu Seoul Metropolitan Government Fire-Fighting Zone, and then is running a business of returning it. If an investment of KRW 80,000,000 is made, the Defendant would pay 9,60,000 won as the preferred interest, and would return the principal after six months.
However, in fact, the defendant thought that he will make a stock investment with the money received from the victim, so there was no idea to use the money as the re-building fund scheduled even if he received the money as the purchase fund of the house that is reconstructed from the victim, and there was no intention or ability to return the principal after six months.
Nevertheless, the Defendant, by deceiving the victim as above, was transferred to the new bank account in the name of the Defendant, KRW 100 million in total from the victim, and KRW 20 million around August 4, 2017, to the new bank account in the name of the Defendant.
2. On October 11, 2018, the Defendant made a false statement that “The Defendant would lend money to a person in need of advance and receive interest, and there is a person in need of advance, and if he/she lends money, he/she will be responsible for the interest and principal.”
However, in fact, the defendant thought that he made a stock investment with the money received from the victim, so even if he borrowed money from the victim for the purpose of a loan, he did not think of the business to lend money to the person in need of the money, and there was no intention or ability to pay the principal and interest to the victim at an appropriate time.
Nevertheless, the defendant deceivings the victim as above and belongs to it.