Text
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[Criminal Power] The Defendant is a person who was sentenced to six months of imprisonment with prison labor and two years of suspended execution at the Incheon District Court on April 23, 2013, and the judgment became final and conclusive on July 19, 2013.
【Criminal Facts】
1. Fraud;
A. On July 2, 2012, the Defendant made a false statement to the victim that “I will lend three million won a monthly salary, because I would not have any operation cost,” to the victim near the E University located in Gyeyang-gu Incheon Metropolitan City D.”
However, the father of the defendant did not undergo an operation, and the defendant did not have the intent or ability to repay the above money even if he borrowed the money without any property at the time.
As such, the Defendant, by deceiving the victim, received three million won from the victim around that time.
B. On September 10, 2012, the Defendant, at the victim’s house of Gyeyang-gu, Incheon Gyeyang-gu, 101 Dong 708, the Defendant made a false statement to the effect that “The Defendant is scheduled to conduct oil manufacturing business, but it is necessary to pay money at the expense of oiling tea.”
However, the defendant did not carry out the pro rata Project, and even if he borrowed the money as above due to the lack of property at the time, he did not have the intent or ability to repay it.
The Defendant, as such, by deceiving the victim, received KRW 20 million from the victim around that time.
C. On October 16, 2012, the Defendant made a false statement to the victim at the home of the above victim that “a preparatory fund is required in relation to the shipbuilding business.”
However, the defendant did not carry out the pro rata Project, and even if he borrowed the money as above due to the lack of property at the time, he did not have the intent or ability to repay it.
As such, the Defendant, by deceiving the victim, received KRW 17 million from the victim around that time.
On October 29, 2012, the Defendant stated that “a preparatory fund is required in relation to the oil tank business” to the victim at the home of the above victim.