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

Punishment of the crime

[criminal records] On November 3, 2008, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Southern District Court, and the parole period was expired on July 30, 2009, when the execution of the sentence was executed by a medical institution, and the parole period was expired on September 9, 2009. On February 15, 2017, the Daejeon District Court was sentenced to two years of suspended sentence for six months of imprisonment for fraud and became final and conclusive on February 23, 2017.

[Criminal facts]

1. Around August 19, 2011, the Defendant: (a) at the time of around August 19, 2011, was only an individual debt worth KRW 30 million; and (b) even if the Defendant borrowed money from another person without any particular property or income, even though he/she did not have any intent or ability to complete payment, the Defendant borrowed money from another person; (c) however, he/she did not have any intent or ability to complete payment, he/she borrowed money from the victim E who was operating the said Dobropo in Gangseo-gu Seoul Metropolitan Government D Private Co., Ltd., in which he/she was working, because he/she did not know of the broker with respect to D private debt or sale, and therefore, he/she borrowed money from the victim E.

The phrase “ makes a false statement.”

Around August 19, 2011, the Defendant received KRW 7,840,00 from the injured party to the Agricultural Cooperative Account (F) in the name of the Defendant, as a loan, KRW 7,840,00.

Accordingly, the defendant was given property by deceiving the victim.

2. From around November 201 to May 24, 2012, the Defendant was well aware of the fact that, at the time, G was delayed in the construction of “H-Sa”, when G was preparing for opening a business at Bupyeong-si, the Defendant was unaware of the fact that the opening of the business was unclear, and there was no promise from the said G’s representative, I, etc. to engage in the said business. While the Defendant was only an individual debt amounting to KRW 30 million at the time, even if there was no particular property or income, and even if he did not borrow money from any other person, the Defendant would not have any intent or ability to complete the payment of the money from the victim E even though he did not have any intent or ability to do so.

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