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Defendant is punished by imprisonment with prison labor for 10 months in relation to fraud of 2012 high group 1501, and imprisonment with prison labor for 2014 high group 1006.
Reasons
Punishment of the crime
On August 25, 2006, the Defendant was sentenced to six months in Seoul High Court on August 25, 2006 to imprisonment with prison labor for a violation of the Act on the Regulation of Fraud and Unauthorized Receipt of Claims, etc., and the judgment became final and conclusive on December 8, 2006, and on June 7, 2007, the Seoul Central District Court sentenced eight months of imprisonment with prison labor for a crime of fraud, etc., and the judgment became final and conclusive on July 2, 2007.
1. On April 25, 2006, the Defendant: (a) around April 25, 2006, at the first floor office of the Gwanak-gu Seoul Special Metropolitan City Dtel 1, the Defendant paid 10,000 won to the victim E (60,000 won if he/she loans 10,000 won); (b) 10,000 won (36,000 won) and 2,40,000 won each; (c) 5,00,000 won out of 6,00 won shall be added to the 3.6 million won foot; (d) 3,60,000 won among 3,00,000 won shall be paid as KRW 3,00,000,000; and (e) 2,400,000 won shall be returned as KRW 2.4 million thereafter.
However, the Defendant was under trial by Seoul Central District Court Decision 2006Kadan692 due to the violation of the Act on the Regulation of Fraud and Similar Receiving Act at the time of the Seoul Central District Court, and the Defendant was unable to pay the agreed amount to the complainants of the case, and thus, the Defendant was not able to operate the normal accounts by soliciting the members of the above KRW 50 million, KRW 30 million, and KRW 20 million. Therefore, the Defendant did not have any intent or ability to pay the principal and interest as above to the victim.
Nevertheless, the Defendant received KRW 50 million from the victim to the account in the name of the Defendant’s fatherF on the same day, and received KRW 50 million in cash.
2. On May 2, 2006, the Defendant stated on May 2, 2006 that “Around May 2, 2006, the Defendant would lend the victim E a total of KRW 36 million each day to the victim E, with a total of KRW 60 million over 60 days.”
However, the defendant was in violation of the Act on the Regulation of Fraud and Unauthorized Receipt at the Seoul Central District Court.