A defendant shall be punished by imprisonment for two years.

Punishment of the crime

On July 21, 2011, the Defendant was sentenced to imprisonment for fraud, etc. at the Busan District Court on July 21, 201, and was released on March 30, 2012 in the Busan Detention House on March 30, 2012 and the parole period expired on May 2, 2012.

[2015 Height526]

1. Around December 23, 2012, the Defendant made a false statement that “The Defendant would sell out-of-the-counter vehicles with the inside of the money to the victim U.S. and pay a fine to the victim U.S. at a non-felel located in the Seocho-gu, Busan, a hot spring dong-gu, as it appears that he has engaged in a heavy-of-land trading business, so it would be fair to pay the fine in criminal cases.”

However, at the time of fact, the Defendant did not have the intent or ability to repay the borrowed money even if it borrowed the money from the victim because the Defendant had the obligation to pay KRW 150 million in the middle and high-class sales business, and there was an idea to use the borrowed money as funds necessary for the loan of the vehicle.

Accordingly, the Defendant, by deceiving the victim as such, received from the victim, the total sum of KRW 5 million around December 23, 2012, KRW 5 million around January 1, 2013, KRW 5 million around January 8, 2013, and KRW 11 million around January 8, 2013 from the Busan Bank Account (V) in the name of the Defendant.

2. When the Defendant: (a) received the victim’s request that the amount of money lent 50 million won and X lent to W as deposit money for the primary operation of the store; and (b) received 10 million won in lieu of the victim’s deposit money; (c) if the Defendant collected the passbook, etc. from W from the victim’s bank in the name of W and X used for the said loan money and received the payment on behalf of W, the Defendant used some of the money for the money as money related to the primary sales business.

The Defendant, around April 25, 2013, at the main point of “Z” located in Busan Shipping Daegu YYY 313, received a passbook, etc. in the name of the victim from AA and X, and around that time, from A and X to August 2013, the amount of KRW 60 million borrowed from A and X and interest 270,000 won.