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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On May 16, 2018, the Defendant, at Seoul High Court, sentenced one year and six months of imprisonment for fraud, etc., and completed the execution of the sentence on November 21, 2018.
The defendant was aware of the victim C by lending money under the pretext of investing in real estate during the Seoul detention center's economic difficult life after release to use for personal living expenses. On March 2019, the defendant introduced a person to invest in real estate to B who was aware of the fact that he/she was living in prison and requested to do so.
1. On April 1, 2019, the Defendant: (a) around April 1, 2019, at the “E sales outlet” located in Gangnam-gu Seoul Metropolitan Government, the Defendant said that “The Plaintiff had real estate of KRW 5 billion in his own house, and the owner of the building is in the United States. The Plaintiff was in charge of the sale of the building at his own house; and (b) only at the disposal of the building, the Defendant would receive a large amount of profit. The United States would have repaid KRW 20 million to KRW 80,000 on the loan of KRW 20 million.”
However, in fact, the defendant did not have been delegated with the sale of real estate by others and was thought to use the money received from the victim as personal living expenses, etc., so even if he received the money from the victim, he did not have the intent or ability to pay the principal
As such, the Defendant, by deceiving the victim as such, received 20 million won from the victim as the borrowed money, namely, from the victim, and acquired it by fraud.
2. On April 8, 2019, the Defendant: (a) around April 8, 2019, at the same place as that of paragraph (1) around April 8, 2019; and (b) “F that borrowed money from the United States to the United States shall not contact the victim; (c) on April 1, 2019, at the same time, at KRW 20 million borrowed money from the United States; (d) in the United States, KRW 25 million borrowed money from the United States to the United States; and (e) upon completion of the sale of real estate, KRW 235 million borrowed money from the United States to the United States.”
However, even if the defendant receives money from the victim as stated in Paragraph 1, he will pay the principal and profits to the victim.