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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Criminal Power] On January 28, 2011, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud at the Incheon District Court on February 8, 201, which became final and conclusive on February 8, 2011, and is currently under suspended sentence.
【Criminal Facts】
On March 201, the Defendant stated that “D” restaurant located in Nam-gu Incheon Metropolitan City, “In the Republic of Korea, the owner of a G hotel room located in Incheon Nam-gu, and will remove the existing hotel building and build an urban-type residential house. In order to increase the floor area ratio of the hotel site, the Defendant loaned loan purchase funds and business funds to purchase the hotel, provided that the hotel removal rights would be given, and if a sales profit would be made by constructing an urban-type residential house, the amount of KRW 1 billion will be paid as a reward, and the mortgage will be established as security after purchasing loan.”
However, in fact, the defendant is not the actual owner of a G hotel, and because H was the actual owner of a hotel, it was not possible to grant the right to remove the hotel to the victim. The defendant is a bad credit holder, and the defendant has a debt equivalent to KRW 300 million or KRW 400 million at the time, and there was no specific income, and there was no intention or ability to construct an urban residential housing requiring construction funds of KRW 14 billion.
As above, the Defendant, by deceiving the victim and forcing the victim to transfer the sum of KRW 156 million in the name of the purchase price for lending from the seller of the loan to I around April 22, 2011, and around April 29, 2011, thereby releasing the Defendant’s obligation to I, thereby acquiring the same pecuniary benefits. From April 25, 2011 to June 24, 2011, the Defendant was transferred KRW 160 million in the Defendant’s J account under the name of his own J, for six times from April 25, 2011.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Complaint;
1. Previous convictions as indicated in the judgment: A criminal investigation report (Attachment to criminal history records, data inquiry, etc.);