beta
Text
A defendant shall be punished by imprisonment for a period of five months.
The application for compensation of this case by the applicant for compensation is dismissed.
Reasons
Criminal facts
[Judgment of the court below] On December 21, 2017, the defendant was sentenced to a suspended sentence of two years for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Busan District Court on March 14, 2018, and the above judgment became final and conclusive on March 14, 2018, and on January 11, 2018, the defendant was sentenced to a suspended sentence of two years for nine months for a crime of fraud at the Busan District Court.
7.12. A person for whom the above judgment has become final and conclusive.
【Criminal Facts】
1. On November 1, 2015, the Defendant established and substantially operated the F Co., Ltd. on the ground that C was the representative of Guro-gu Seoul Metropolitan Government D and E, and had C’s husband B take charge of the F Accounting affairs of the Co., Ltd.
In the process, around December 2015, the Defendant told the victim B to the above-mentioned office of the Defendant located in the public parking lot near Seocho-gu Seoul, Seocho-gu Seoul to the effect that “A Fund is necessary to operate the F of the Company. If the Defendant borrowed the money to receive the loan, the interest shall be paid directly and the money shall be repaid.”
However, at the time, the defendant has no particular property, and the defendant bears a debt of about 80 million won or more due to the joint and several guarantee for others, while it was not clear whether the defendant can gain profit from the F Co., Ltd. he operated, so even if he borrowed money from the victim, he did not have the intention or ability to pay it properly.
Nevertheless, around December 21, 2015, the Defendant, by deceiving the victim as above, received KRW 20 million in total from the victim to the Hbank account (Account Number I) in the name of F Co., Ltd., on January 22, 2016; KRW 8 million in the corporate bank account (K) in the name of the KJ for the settlement of accounts; and KRW 27 million in total from the F L Bank account (M) around February 2, 2016.
Accordingly, the defendant deceivings the victim as above and acquired the sum of 50 million won from the victim.
2. The Defendant is a victim of occupational breach of trust.