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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
On March 21, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for fraud at the Seoul Southern District Court on March 21, 2019 and the judgment became final and conclusive on March 29, 2019.
" 2020 Highest 99"
1. On August 2010, the Defendant is seeking to operate a spher and insignian center underground by taking over the Victim C’s B hotel in the mutual influence cafeteria located in Gangnam-gu Seoul, Gangnam-gu, Seoul, with the 25th underground floor and constructing it as the 6th underground floor of the 25th underground floor.
If membership rights are sold to 6,00 persons, only the sale price shall be 6 billion won to 9 billion won.
As such, a false statement was made to the effect that 400 million won would be repaid until January 201, 201, to enable the said business to be run.
However, in fact, the Defendant did not have the intent or ability to repay even if he borrowed money from the damaged party, since he did not have the ability to acquire and operate the remaining B hotel, including three billion won of debt owed to D at the time.
As such, the Defendant, by deceiving the victim, received 100 million won around September 10, 201 from the victim to the E bank account under the name of the Defendant, and 300 million won on October 4, 2010, and acquired 400 million won in total from the victim.
2. On December 21, 2010, the Defendant’s fraud with respect to the acquisition of a F golf club is entitled to the said victim’s profits equivalent to two billion won, if he/she purchased a F golf club in the sports leisure group, at a mutual influent restaurant located in the Gangseo-gu Seoul Metropolitan Government, Gangnam-gu.
A false statement was made to the effect that 10 million won will be repaid after the month of loan.
However, the defendant did not have the ability to take over the FF golf club at the time, so even if he borrowed money from the injured party, he did not have the intent or ability to pay it.
As such, the Defendant deceivings the victim, and thereby deceivings the victim to the E bank account under the name of the Defendant, with KRW 70 million on December 21, 2010, and KRW 30 million on December 22, 2010.