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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant was sentenced to one year of imprisonment for a crime of fraud at the Daejeon District Court on January 14, 2016 and the said judgment became final and conclusive on May 10, 2016.
1. On September 2013, the Defendant made a false statement to the victim E, who is a company partner in the D Mart shop located in Jung-gu Seoul Special Metropolitan City, stating that “The Defendant would be able to obtain a loan to invest in the above business with a large amount of money in the online business, and would not incur any damage by paying the prime loan with a proper repayment of the loan.”
However, the defendant had no specific property at around that time, and even if the victim bears joint and several liability for the loan, there was no intention or ability to pay the loan properly.
Nevertheless, the Defendant, by deceiving the victim as such, had the victim gain pecuniary profits equivalent to the same amount by having the victim take out the joint and several liability to obtain a total of KRW 18 million from three financial institutions, such as the Defendant’s future Credg Loans on the same day as indicated in attached Table (i).
2. On November 2013, the Defendant made a false statement to the victim E, a company partner, at the D Mart shop located in Jung-gu Seoul Special Metropolitan City, stating that “The previous loan was repaid, and the Defendant would not incur any damage by receiving the loan from the principal and the principal and the principal and the principal and the principal and the principal will receive the loan from the principal and the principal and the principal and the principal will receive the loan from the principal and the principal and the principal.”
However, in fact, the defendant had no intention or ability to repay even if the victim borrowed the loan in his name, because the victim was unable to repay the loan borrowed by joint and several sureties while he had a large amount of debt as stated in the above paragraph (1).
As such, the Defendant deceivings the victim, and let the victim do so, and around November 26, 2013, he/she is a stock company, such as the Written List of Crimes.