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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On February 13, 2020, the Defendant was sentenced to a suspended sentence of one year for fraud in the Suwon District Court's Ansan Branch, and the judgment became final and conclusive on February 21, 2020.
【Criminal Facts】
When the Defendant came to know that the victim was suffering from economic difficulties due to hospital expenses and housing mortgage loans, etc. around 2017 between the victim B and the C corporation around 2005, the Defendant accessed him/her to inform him/her of the methods of punishing money, other than the payment, by operating the telecom, etc.
1. On March 29, 2017, the Defendant entered into a false statement that, at the E Center office located in Guro-gu Seoul Metropolitan Government on March 29, 2017, “A person who does not have any means, like us, shall begin to receive a loan. If a company, mutual aid association and the principal bank lend the loan to B with the money to inform another person of the method of receiving a loan at a workplace, then the Defendant would lend the loan to him/her or make an investment in another place, thereby raising the principal amount of the loan on a monthly basis, and guarantee the principal.”
However, in fact, the Defendant was thought to use the money borrowed from the victim as a restaurant and telecom operating expenses, and the victim was also liable for the total amount of KRW 400 million from financial institutions and loan companies for the purpose of operating the telecom, etc., and the victim did not have any intent or ability to repay the money even if it was borrowed from the victim due to the lack of credit standing.
As above, the Defendant, by deceiving the victim as above, obtained a total of KRW 120 million, including KRW 80 million around March 29, 2017, and KRW 40 million around April 4, 2017, from the victim’s bank account in the name of the Defendant, and acquired it by deception.
2. Around September 2017, the Defendant was a company as described in paragraph (1) around September 2017.