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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[criminal records] On June 8, 2017, the Defendant was sentenced to imprisonment with prison labor for and six years at the Gwangju District Court for fraud, and the judgment on September 21, 2017 became final and conclusive.
[Criminal facts]
1. On July 18, 2016, the criminal defendant against the victim B would guarantee the principal and pay a high interest to the victim B, who is a member of E, through Ma, a mother-in E, from D private house located in Nam-si, Namwon-si, Namwon-si, Seoul.
“False speech” was made.
However, the Defendant was reporting a large loss due to stock investment, and even if he borrowed money from the damaged party, he did not have any intent or ability to repay the principal and interest.
The Defendant received 15 million won from the injured party to the F account under the name of the Defendant in the name of the same day as the borrowed money.
In addition, from around that time to December 12, 2016, the Defendant passed through a mother E, as shown in attached Table 1 of the List of Offenses Act, or the Defendant, as if the Defendant directly paid the victim interest on the principal and high interest rate, makes a false statement as to the above content, and received a total of KRW 125 million from the damaged party as the borrowed money.
Accordingly, the defendant was given a total of KRW 125 million by deceiving the victim.
2. On August 29, 2016, the Defendant against the victim G would provide a high interest on the loan of the investment money to the victim G, who is a son E from the above D Sarina through Ma, a mother-in-child E.
“False speech” was made.
However, the defendant did not have any intent or ability to pay principal and interest even if he borrowed money from the damaged person as provided in the preceding paragraph.
The Defendant received 15 million won from the injured party to the F account under the name of the Defendant in the name of the same day as the borrowed money.
In addition, the defendant is attached from around that time to October 13, 2016.