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A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
[Criminal Power] On April 14, 2015, the Defendant was sentenced to three years of imprisonment for fraud at the Seoul Central District Court, and completed the execution of the sentence in the Ansan Prison on June 9, 2017.
"2018 Highest 4660"
1. Fraud against the victim B;
A. From June 24, 2015 to May 18, 2017, the Defendant made a false statement to the effect that “The Defendant would arrange the shares of the UN Entertainment Company held as the discharge of money if he/she leased the money, and pay it to the victim B, who was affiliated with the meeting, in the Seoul detention center located in the city where the Defendant was at the time of his/her custody,” and that “The Defendant would pay it in several times by arranging the shares of the UN Entertainment Company held as the discharge of money if he/she leased the money.”
However, in fact, the defendant did not hold the shares of the entertainment company, and there was no other variable property, so even if he borrowed money from the victim, there was no intention or ability to repay it.
As such, the Defendant, by deceiving the victim, received KRW 3,320,00 from the victim on June 24, 2015 to the Cbank account under the name of the Defendant, as shown in the separate crime list (1) from that time until May 18, 2017, and acquired KRW 3,320,000 in total from the victim on 19 occasions, from that time.
B. From August 11, 2017 to December 12, 2017, the Defendant committed the crime, in a coffee shop where it is impossible to know the trade name in the early 2017 police officer from August 11, 2017, the Defendant made a false statement to the effect that “The instant victim’s account of the Human Entertainment Company is unable to obtain funds because it was seized to the prosecutor’s office, and is directed to the creditors because it is impossible to obtain funds. The Defendant borrowed money for the full payment as the company’s shares are arranged.”
However, in fact, the Defendant intended to use money from the victim for personal purposes, such as living expenses, and did not own the shares of the Entertainment Company, and there was no other variable income or property. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay the money.
The Defendant is identical to this.