A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. Fraud against the victim C;

A. On July 2013, 2013, the Defendant made a false statement to the victim C by phone calls from the victim C at the Seocho-si (hereinafter referred to as the “Seman”).

However, at the time, the defendant was in excess of his obligation such as receiving a decision of personal rehabilitation, and there was no intention or ability to repay the borrowed amount due to no special income.

The defendant deceivings the victim as above and acquired 2 million won from the victim to the Agricultural Cooperative Account in the name of D (E).

B. Around August 2013, the Defendant stated that “The Defendant would make repayment to the victim C within the number of days of lending KRW 10 million from the G Office in Gangnam-gu Seoul, a stock company G office in which the Defendant was operated by the Defendant located in Gangnam-gu Seoul.”

However, at the time, the Defendant was in excess of the obligation such as receiving a personal rehabilitation decision by the court, and related procedures such as the purchase of the site and the authorization and permission for the main apartment construction project were not carried out at all, and there was no direct experience in the Defendant India construction project. Rather, the Defendant was in arrears with the tax amount of KRW 40 million (ju)G) which the Defendant acquired, and thus, there was no intention or ability to repay the amount even if he borrowed money from the injured party.

피고 인은 위와 같이 피해자를 기망하여 이에 속은 피해 자로부터 즉석에서 현금으로 50만원을 교부 받고, 2013. 9. 5. 피해자 C의 처남 댁 H로부터 D 명의 농협계좌( 번호 :E) 로 600만원을 송금 받고, 그로부터 2~3 일 후 피해자 C으로부터 100만 원권 자기앞 수표 2매 200만원을 교부 받고, 2013. 11. 26. 70만원을 위 D 명의의 계좌로 송금 받고, 2013. 11. 27. 25만원을 위 D 명의 농협계좌로 송금 받고, 2013. 11. 27. 경 피해자 C으로부터 현금 105만원을 교부 받아 차용금 명목으로 합계 1,050만원을 편취하였다.

2. The Defendant who committed fraud against the victim I and C shall be Changwon on July 2013.