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Defendant shall be punished by a fine of KRW 8,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Criminal facts
On November 29, 2007, the Defendant was sentenced to one year of imprisonment with prison labor at the Incheon District Court for fraud, etc. and completed the enforcement of the sentence at the Incheon Detention Center on April 25, 2008. On June 13, 2014, the Defendant was sentenced to seven months of imprisonment with prison labor at the Incheon District Court for fraud, and the judgment became final and conclusive on June 21, 2014.
around September 28, 2009, the Defendant stated to the effect that “Around September 28, 2009, the victim D was added to the land at home at present,” and that “Around March 24, 2010 if the Defendant borrowed KRW 50,000,000,000,000,000,000 won, which was provided as security and received as security, would be repaid.”
However, in fact, the Defendant did not provide land in Gyeonggi-gun as collateral and delivered a payment guarantee letter prepared for the “payment guarantee case following the establishment of a collateral” issued to employees in the name of G, a company G with 6 million won and 6 million won to the victim. Thus, the Defendant did not have any intent or ability to repay the bond even if the Defendant received the money from the victim, on the ground that there was no particular property, the amount of debt and tax in arrears reaches KRW 1.5 million, and there was no ability to pay interest, etc. on the above land.
The Defendant, as such, by deceiving the victim, received 38 million won, excluding the interest on the loan, from the victim on the 30th day of the same month.
Around October 15, 2010, the Defendant stated that “Around October 15, 2010, the Defendant provided that “A victim H will be entrusted with J toilets and Park Installation Work, which he/she has received from the Seoul Mine-gu Office, and the Plaintiff will pay to the Party KRW 10 million for the fee to be paid to the Party.”
However, the facts are that the Defendant had a debt equivalent to approximately KRW 150,000 at the time, and thus, the said construction is carried out.