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A defendant shall be punished by imprisonment for eight months and one year under paragraph (2) of the facts constituting the crime under paragraph (1) of the same Article.
Reasons
Punishment of the crime
[Criminal Power] On December 8, 2011, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Eastern District Court, which became final and conclusive May 26, 2012.
【Criminal Facts】
1. From Jun. 2008 to Oct. 10, 2008, the fraud Defendant falsely told the victim B that “it is trying to establish a corporation in the Kancheon City Co., Ltd. and build a factory to make two parts of the company from Sincheon City D by establishing the Kancheon City Co., Ltd., and invested expenses for the establishment of a corporation and initial construction funds, it would allow the factory construction and give some shares upon completion of the factory.”
However, in fact, the Defendant is a bad credit holder, and there is no particular property or income, and C does not have any income, and there is no investor, and C does not have to pay the land price later from the land owner and uses it temporarily, so it did not have the ability to build a new factory. Since it was thought that E had a factory constructed, even if the initial construction cost was paid from the victim, it did not have the intent or ability to reduce the factory shares.
Nevertheless, on June 23, 2008, the Defendant, by deceiving the victim as above, received KRW 20 million in the name of the G Bank account (Account Number H) in the name of the Fund in the name of the Fund in charge of the settlement of accounts used by the Defendant, and acquired 69,900,000 won in total from that time to October 9, 2008, as shown in Appendix I, from that time.
2. From October to December 2013, 2013 to December 2, 2012, the defrauded concluded that “Around the Songpa-gu Seoul Metropolitan Government, the Defendant would pay the victim the money that he received in the past at the instant coffee shop near Songpa-gu, Songpa-gu, Seoul, that “Around September 2013, the Defendant would pay the victim the money that he received in the past.”
However, the defendant has no particular property or income, and is obliged to pay a debt equivalent to KRW 500 million.