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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On January 21, 2010, the Defendant was sentenced to one year and six months of imprisonment with prison labor at the Busan District Court on April 29, 2010. On July 20, 2010, the above judgment became final and conclusive on October 7, 2010, which was sentenced to six months of imprisonment with prison labor at the Busan District Court for fraud. On November 29, 201, the above judgment was sentenced to one year and three months of imprisonment with prison labor at the Seoul Central District Court for fraud, and became final and conclusive on April 30, 2012.
Criminal facts
1. Around July 2006, the Defendant told the victim D of the coffee shop located in the Busan-dong, Busan-gu, Busan-do, that “When a bath that he operates is auctioned, the Defendant claimed the right of retention and received the distribution of KRW 300,000,000,000,000,000,000.”
However, even if the defendant receives money from the victim, it was thought that it will be used as the repair cost of the bath operated by the defendant, and there was no intention or ability to receive dividends of KRW 300 million from the victim.
Ultimately, on July 28, 2006, the Defendant, by deceiving the victim as such, received five million won from the victim to the Busan bank account in the name of the Defendant, and acquired it by fraud.
2. Around December 2006, the Defendant stated that “Abrying the operation of the above victim in the Geum-gu, Busan, the Defendant would return the victim’s profits to 10 times if it considers that “Ab is promoting a bridge business in Ecuador, but it is necessary to invest expenses, such as the flight machine value, accommodation expenses, entertainment expenses, etc., and if it lends money to the victim.”
However, the Defendant did not receive a project from a foreign country, and the possibility of promoting the project is extremely rare, and the Defendant did not have the intent or ability to leave the Defendant’s 10 times the investments.
Ultimately, the Defendant, by deceiving the victim as such, had the victim transfer KRW 5,00,00 to G account designated by the Defendant on December 12, 2006, and had the victim transfer KRW 5,00,000,00 to G account.