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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Judgment of the court below]
1. On January 11, 2011, the Defendant made a false statement to the victim D at the Cmate office in Dongdaemun-gu Seoul Metropolitan Government’s 1st underground floor, stating that “Cmate in operation is a corporation with good funeral and good quality. By March 20, 201, the Defendant transferred the E corporation and issued bills to the E corporation by March 20, 201.”
However, in fact, E Co., Ltd has been seized with the corporate account and vehicles from around 2010, and it was difficult to operate the CM, so there was no intention or ability to open the current account so that the said corporation can be transferred to the victim and the bill can be issued.
Ultimately, the Defendant, by deceiving the victim, received KRW 10 million on the same day from the victim, and received KRW 15 million in total from the victim around May 1, 201, as well as KRW 5 million.
[Judgment of the court below]
2. Fraud;
A. A. On September 3, 2012, the Defendant made a false statement to the victim G that “a credit loan will be made because there has been a head of an erroneous branch. If 1.5 million won is sent to the bank, the Defendant would be able to obtain a credit loan by paying a premium to the bank.”
However, there is no intention or ability to get a credit loan even if the victim receives money from the victim.
The Defendant, as such, by deceiving the victim, received KRW 1.5 million from the victim on the same day.
B. Around November 1, 2012, the Defendant made a false statement to the victim G, stating that “The Defendant may borrow KRW 15 million if he/she takes charge of operating his/her business as security at the mutual influorial bond office located in Gangnam-gu Seoul, Seoul. If he/she takes charge of 792 square meters of the H forest land in Gyeongsung-si, the Defendant may borrow KRW 15 million, but he/she shall complete the payment of the money in two months if he/she lends the money.”
However, the fact did not have the intention or ability to repay even if it borrowed money from the victim.
The Defendant is identical to this.