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Defendant shall be punished by a fine of KRW 6,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The Defendant was sentenced to four months of imprisonment for the crime of occupational embezzlement, etc. at the Incheon District Court on September 9, 2009, and the judgment was finalized on September 9, 2009. On December 8, 2009, the Incheon District Court sentenced three months of imprisonment for embezzlement at the Incheon District Court on March 25, 2010, which became final and conclusive on March 25, 2010, and was sentenced to ten months of imprisonment for fraud, etc. at the Incheon District Court on November 13, 2012, and became final and conclusive on June 14, 2013.
around May 7, 2006, the Defendant made a false statement to the victim C at the parking lot of the Jung-gu Incheon Metropolitan City trading complex, stating that “If he/she purchased a heavy vehicle and borrowed 10 million won, he/she would be repaid up until May 20, 2006, if he/she borrowed 10 million won.”
However, the facts did not have the intention or ability to repay the money from the victim even if he borrowed the money.
As such, the Defendant, by deceiving the victim, received 10 million won in cash from the victim and acquired it by deception.
around June 29, 2012, the Defendant stated that “A used car is to be purchased in the name of D, and a monthly loan is to be repaid for 36 months in the form of equal installment repayment of principal and interest on the face of a loan of KRW 8 million.”
However, the facts are that the Defendant is a bad credit holder with approximately KRW 50,000,000,000 without any particular property or income. The Defendant had no intention or ability to pay the purchase price in accordance with the terms of the agreement, even if he was to receive the purchase price of the vehicle from the victim because he was unable to repay the installment price of the vehicle purchased by the Defendant and the installment price of the vehicle purchased by the Defendant under the name of E.
Nevertheless, the Defendant, by deceiving the victim as such, received KRW 8 million from the victim as a loan in the same place, and acquired it by fraud.
Summary of Evidence
1. Statement of the accused in the first and fifth trial records;
1. C, D.