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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[Criminal Power] On July 25, 2019, the Defendant was sentenced to 8 months of imprisonment with labor for fraud, etc. at the Jung-gu District Court, and the Defendant is still pending in the trial of final appeal.
【Criminal Facts】
"2019 Highest 1708"
1. On November 17, 2018, the Defendant stated that “A victim C and the victim D, who is preparing for the opening of static point business in Daegu-gu, Daegu-gu, stating that “it is possible to install static point facilities at low cost because he/she carried out a freezing-related business.”
However, even if the defendant received the money from the victims, he did not have any intention or ability to undertake the opening of the fixed landing point business.
As above, the Defendant, by deceiving the victims, received total of KRW 1,488,00 from the victims to the Agricultural Cooperative account in the name of the Defendant, on November 19, 2018, KRW 7.6 million around 20,000,000 from November 20, 2018, KRW 3080,000 around 21,000 around the same month, KRW 1370,000 around 22,00 around the same month, and KRW 1,488,00 in total, on five occasions, by means of remitting the victims to the Agricultural Cooperative account under the name of the Defendant.
2. On December 31, 2018, the Defendant stated, at the “G Licensed Real Estate Agent Office” office operated by the victim FF in Seosan-si E, Seosan-si, that “If the Defendant lends cash of KRW 3 million to the victim, it would be used for entering into a contract with the real estate seller, and would be repaid when concluding a contract on the following day.”
However, the defendant only intended to use the money for the cost of living with the victim, and there was no intention to use the money for the contract with the real estate seller, and there was no intention or ability to repay the money borrowed from the victim.
The Defendant, by deceiving the victim as above, received KRW 3 million from the victim as the loan money on the same day, and acquired it by fraud.
3. On January 11, 2019, the Defendant may not pay accommodation expenses to the victim from the J, which is managed by the victim I in Seosan-si H on January 21, 2019.