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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
1. On July 31, 2013, the Defendant borrowed B money related to the Corporation: “Around July 31, 2013, the Defendant was using a smartphone-recording display method with the victim C who started the teaching system around that time, and contact with the victim C, who started the teaching system, saying, “When there is a lack of material cost for interior and interior works. If the Defendant borrowed money to purchase materials, the Defendant will complete the construction within three months and complete the payment.”
However, at the time of the Defendant’s commencement of construction work from February 2, 2013, the “B” Corporation located in D, which had started from around February 2, 2013, did not have any particular property at the time of the Defendant’s commencement of construction work by lending KRW 3,000 to KRW 40 million from their relatives. The above construction contract itself does not have any profit even if it is performed by entering into a contract with the owner of the building at an excessive lower price, and there was no intention or ability to repay the loan even if it
Around July 31, 2013, the Defendant, by deceiving the victim as above, received KRW 1,500,000 from the victim’s post office account (E) to transfer from the victim’s name, and received KRW 12,532,00 from July 17, 2014 through 15 times in total as shown in the attached crime list (1).
2. F loan fraud Defendant, on February 15, 2015, contacted the said victim C at a place of absence, saying, “The construction will begin again at the truth. When the completed work, the sum of the existing money and interest will be repaid. If the construction is not known, the Defendant would also obtain a loan from the building that completed the construction as security.”
However, at the time, the Defendant had a debt of KRW 70 million due to the foregoing B construction work, and the construction work in the above F F F F located in G was commenced by leasing KRW 50 million from the land owner, and there is no particular property for all H (former I) operated by the Defendant or the Defendant.