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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
In 208, the Defendant introduced himself/herself as professor of C University, D University concurrent Professors, etc. to the victim B, who was aware of his/her intention to obtain money from the victim B under the pretext of mediating the counterpart tourism type in China.
1. From November to December, 2015, fraud Defendant calls to Victim B for a total of KRW 180,000,000,000,000,000,000, and calls to the victim B around October, 2015, “The business of mediating tourism from China to Korea is preparing to engage in tourism brokerage in China.
The investment of KRW 100 million can establish infrastructure, such as recruitment of tourists, traffic, and hospital guidance for sex punishment, in contact with China's local area.
The principal may be repaid in December 2015, and 50% of the business revenue will be paid.
Proceeds may be paid immediately from the following month.
“.......”
However, in fact, the Defendant was not a professor holding the position of D University, and the Defendant did not have the intent or ability to engage in the counter-party tourism brokerage business with the borrowed money borrowed from the injured party, and accordingly, the Defendant did not have the intent or ability to pay the borrowed principal to the injured party on or around December 2015.
As above, the Defendant: (a) by deceiving the victim B; (b) received on November 9, 2015, KRW 40 million from the victim to the company bank account in the name of the Defendant; (c) and (d) received, from then on December 1, 2015, a sum of KRW 180,000,000,000 from the time to December 1, 2015, as shown in the annexed crime list, from the time, the Defendant acquired money as a loan for the use of the Chinese counterpart tourism intermediary business.
2. On January 2016, KRW 60,000,00 fraud Defendant demanded the return of the amount lent by the injured party B as set forth in paragraph 1 on or around January 2016, the injured party B demanded the return of the amount. “As the mother in Korea has a foreign claim inherited in a foreign country and it is too large, it is necessary to reconvert the amount of 20,000,000,000,000.
(2).