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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 12, 2009, the Defendant was sentenced to one year and ten months of imprisonment for fraud, etc. at the Seoul Eastern District Court on May 28, 2009 and the above judgment became final and conclusive on May 28, 2009.
1. Around August 23, 2005, the Defendant stated to the effect that “If the victim D (n'e, 51 years of age) lends only KRW 50 million as the crisis is being detained due to the complaint of fraud at present at present, the Defendant shall pay interest on the five-month interest, and the principal shall be repaid until December 31, 2005.”
However, at the time, the Defendant was registered as a bad credit holder from 1998, and from 2002 to 90 million won without any property, there was a situation in which each obligee was urged to pay the debt, and the Defendant was unable to pay the wages to the employees of the hospital operated by the Defendant due to excessive debts, and the hospital operation itself was difficult, as well as there was no intention or ability to pay the debt within the agreed date, even if the Defendant borrowed money from the victim, such as returning the investment money to the said person or receiving the profit due to the lack of the ability to pay the money, and the Defendant did not have any intent or ability to pay the money by taking over the money organized by another person without the ability to pay the money.
Nevertheless, the defendant deceivings the victim as above, and then took over KRW 50 million from the victim to the deposit account designated by the defendant under the name of the borrower around that time.
2. On September 15, 2005, the Defendant told the above victim at the office of Gwanak-gu, Seoul Special Metropolitan City E Hospital to the effect that “Around September 15, 2005, the Defendant borrowed the agreed amount of KRW 30,000,000,000,000,000,000 per month, and the principal will be repaid until December 15, 2005.”
However, at the time, the defendant did not have an intention or ability to repay the above loan within the date of promise as stated in paragraph (1).