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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
【The Defendant was sentenced to a two-year suspended sentence of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Suwon District Court on January 21, 2015, and the judgment became final and conclusive on the 29th of the same month. On May 18, 2017, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud at the Suwon District Court on June 19, 2017, and the said judgment became final and conclusive on July 19, 2017.
【The Defendant was a person who actually operated E Co., Ltd. 102 in Pyeongtaek-si D Building from April 2008; from June 2008, the Defendant was performing the construction of one unit of G apartment on the fourth parcel of land, such as Gangwon-do Seoul Special Metropolitan City F, etc. However, around 1997, the Defendant was due to bad credit standing, and carried out the construction without any specific property or income, and was liable for the liability of KRW 2 billion at around March 2013. Since it was difficult to lend money to another person, it was normally carried out the construction of new apartment and did not have the intent or ability to fully repay the borrowed money by selling it in lots.
1. On March 15, 2013, the Defendant borrowed KRW 45 million from the Defendant: (a) at the mutual infinite coffee shop located in Pyeongtaek-si Dong-dong around 14:00 on March 15, 2013, “The Defendant newly constructed an apartment in F of the Gangwon-do Gangwon-do, which requires money in legal issues.
It will be paid the principal and interest of KRW 70 million two months after the loan of KRW 50 million.
In addition, as security, the contract for the sale of the above apartment units for the above apartment units is called "a notarized order", and the contract for the sale of the above apartment units 101 Dong 408 was notarized to the victim.
However, as above, the Defendant did not have any intent or ability to repay money properly from the injured party, and the money borrowed from the injured party is used as the name of living expenses, etc.