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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
[Criminal Power] On February 14, 2019, the Defendant was sentenced to two years in the Changwon District Court to imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment became final and conclusive on June 7, 2019.
【Criminal Facts】
1. On June 2017, the Defendant: “Around June 2017, the Defendant was phoneed to the victim B, who was a senior high school, to enter into a marriage, to lend the purchase fund of apartment houses in the name of the head of a high school; and, at the same time, there is a difference between joint and several sureties to receive the purchase fund of apartment in the name of the head of the apartment.” In that sense, the Defendant said that the Defendant would immediately receive the loan of apartment after purchasing the apartment, and repay the loan without putting a joint and several sureties to repay the money that he borrowed as a collateral
However, since the defendant did not have purchased apartment houses, it was not necessary to purchase apartment houses, most of the money received from other parties at the time as loan money or investment money from the Internet gambling fund, and the debt amount was approximately KRW 600 million, and even if he borrowed money from the victim or received a loan from the victim through joint and several sureties, he did not have any intention or ability to repay it as gambling fund.
On June 23, 2017, the Defendant, by deceiving the victim as above, received KRW 42 million from the victim’s account under the name of the Defendant, and caused the victim to obtain KRW 42 million. On June 22, 2017, the Defendant, at the office of the victim located in North-gu D at the port of Port, obtained the victim’s joint and several liability by having the Defendant sign the joint and several liability contract for the loan contract amounting to KRW 25 million in total from E, F, G, H, and I by having the Defendant sign the joint and several liability contract for the loan contract amounting to KRW 5 million.
2. On May 15, 2018, the Defendant committed fraud, under the pretext of an investment in credit business, to the victim B.