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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
[Criminal Power] On November 29, 2012, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on February 18, 2013.
[2013 Highest 1188]
1. Around August 25, 2009, the Defendant: (a) at the office D office, an insurance agency operated by the Defendant near Gwanak-gu in Seoul Special Metropolitan City, “If the Defendant concludes an insurance contract, allowances shall be paid to 1,300% in one insurance contract from the future deposit insurance company; (b) if the Defendant lends business funds, he/she shall repay the principal and pay interest to 20% in two months; and (c) as the deposit account in the name of the Defendant’s wife in the name of the Defendant’s wife, KRW 20 million in the same day; (d) around September 11, 2009; (e) KRW 7 million in the around September 17, 2009; and (e) KRW 85 million in the cash around September 9, 2009; and (e) received KRW 3 million in the cash around September 17, 2009; and (e) around September 15, 2009.
However, the Defendant received a loan or borrowed bonds without any assets with bad credit holders, thereby establishing and operating the above insurance agency, and concluded an insurance contract on condition of paying insurance premiums on behalf of the parties, and then is running a business in an abnormal manner to invalidate the contract when receiving allowances from the future deposit insurance company. Therefore, even if he borrows money from the victim, the Defendant did not have any intent or ability to pay the money.
Accordingly, the defendant deceivings the victim, thereby deceiving 60 million won.
2. On October 31, 201, the Defendant: (a) around the Seocho-gu Seoul Metropolitan Government Scenic Station, the Defendant: (b) lent KRW 3 million to the said victim; (c) received KRW 2 million from the victim to the Agricultural Cooperative Deposit Account in the name of G around October 18, 201; and (d) received a credit card from the victim on October 17, 201, and used KRW 731,700 in total from that time by October 31, 201, as indicated in the “the details of the use of credit card” in the attached Form, from that time to October 31, 2011.
However, at the time, the defendant has property or income.