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A defendant shall be punished by imprisonment for one year.
Reasons
Criminal facts
[criminal power] On August 21, 2015, the Defendant was sentenced to imprisonment with prison labor for one year and six months for fraud in the Gwangju District Court’s Netcheon Branch on November 13, 2015, and the judgment became final and conclusive on November 13, 2015.
【Criminal Facts】
The defendant and the victim B(n, 40 years old) are between the defendant and the victim(n, 40 years old) first known by the introduction of the branch around August 2010.
1. Around October 11, 2010, the defrauded made a false statement that “Around October 2010, the Defendant would return KRW 30 million after two months if he/she invested KRW 15 million in investment.”
However, in fact, the defendant did not have the ability to bring about the above boom, and even if he received money from the victim, he thought that he would immediately use it for personal purposes, such as vehicle leasing costs and communication charges of the defendant, and did not intend to use it as expenses related to the brin restaurant.
Nevertheless, the Defendant, by deceiving the victim as such, received 14,91,499 won from the victim to the national bank account in the name of the Defendant on October 11, 2010 as the Circuit investment money.
2. On May 201, 201, the defrauded made a false statement to the victim stating that “A person who lives in Vietnam shall have left a good land as a stuffed thing, but if a person lends KRW 90 million to another person, he/she purchased the land in Vietnam and would be fully repaid to the money that he/she borrowed before selling.”
However, even if the defendant borrowed money from the victim, it was thought that it was used for personal purposes such as the defendant's living cost, and there was no intention or ability to purchase the real estate in Vietnam.
Nevertheless, the Defendant, as such, deceiving the victim as such, and receiving the victim a total of KRW 19 million from the victim on May 25, 201 as the borrowed money, and KRW 50 million on July 6, 201 under the name of the Defendant, on two occasions, such as receiving the remittance of KRW 19 million from the victim.