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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Punishment of the crime
On February 18, 2011, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Incheon District Court, and the judgment became final and conclusive on February 26, 2011.
On October 8, 2010, the Defendant made a false statement to the victim D at the construction site of a Amar-dong, Seo-gu, Incheon Metropolitan City, stating that “The purchase cost is less than 16 million won because he/she intends to resell 150,000 mother and mother after purchasing 150,000,000 won.” On the other hand, the Defendant would resell a mother and child within a week or at the latest, and repay the principal as aground up to the proceeds.”
However, in fact, the Defendant had no special property at the time, and had been responsible for a large amount of debts due to the same criminal records, etc. that acquired money from the other persons while operating the clothing business from this year, and thus, even if the purchase cost was paid by the victim, it was intended to use it as a personal repayment of existing debts. In fact, there was no intention or ability to purchase 150,000 mother and child, and there was no intention or ability to redeem the purchase cost to the victim.
Nevertheless, the Defendant deceptioned the victim as above, and then acquired the total sum of KRW 1.5 million from the victim on October 8, 2010, and KRW 15.5 million on November 2, 2010 from the victim’s wife E account.
Summary of Evidence
1. Legal statement of witness D and F;
1. A copy of a complaint, certificate of contents, sales contract, and statement of number of units;
1. Details of passbook transactions;
1. Previous convictions in the judgment: Criminal records and investigation reports (the defendant appears to have not purchased 150,000 mother and child actually, and there is no value of the mother and child confirmed to have been partially purchased, and the defendant alleged to have purchased her mother and child at KRW 28,000,000. However, the financial data that the defendant provided her mother and child at KRW 28,000,000 are all.