A defendant shall be punished by imprisonment for a term of one year and three months.

Punishment of the crime

[criminal power] On April 3, 2007, the Defendant was sentenced to six months of imprisonment with prison labor in Gangnam Branch Branch of the Chuncheon District Court for larceny, and the execution of the sentence was terminated on April 12, 2007. On September 11, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc., and the said judgment became final and conclusive on September 19, 2012.

【Criminal Facts】

피고인은 2010. 3. 초순경 강릉시 옥천동에 있는 나이트클럽에서 피해자 C을 처음 만나 알고 지내게 되었는바, 피해자로부터 공사자금 명목으로 돈을 차용하여 편취하기로 마음먹고 평소 피해자에게 “나는 D에서 체육교사로 일하고 있고, 내 처도 선생이다. 부업으로 건설일도 하고 있다.”고 거짓말하여 경제력이 있는 것처럼 과시하는 방법으로 피해자의 환심을 샀다.

Since then, around March 28, 2010, the Defendant stated that, at the F new construction site located in East Sea E, “When the construction has been finished, the Defendant would have been a revenue source. If the construction cost is required, one week would have to be repaid along with the interest of five minutes, if the Defendant borrowed KRW 10 million as the material cost is required.”

However, the defendant was not a high school sports teacher, and even if he borrowed money from the victim, he was expected to use it for the purpose unrelated to the construction work, such as entertainment expenses and vehicle purchase expenses, and the defendant was awarded a subcontract for a part of the construction site from Jyang Construction Co., Ltd. on or around April 2010, but there was no intention to receive the construction cost and pay it to the victim. In addition, the defendant was a bad credit holder for about 15 years prior to the fact that there was no property or income from the defendant, and thus there was no intention or ability to pay the principal or interest even if he borrowed money from the victim.

As such, the defendant deceivings the victim and is issued a cash of KRW 10 million from the victim on the same day.