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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On February 27, 2014, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Daegu District Court on August 27, 2014, which became final and conclusive on March 7, 2014.
1. On December 20, 2012, the Defendant concluded on December 20, 2012 that “The Defendant would pay interest of 1.5% per month if he/she lends the amount of KRW 10 million to the victim’s house located in the Cheongdo-gun-gun-gun-gun-gun, Cheongdo-gun, with the business funds necessary to operate the used cars,” and repaid the principal by December 20, 2013.”
However, in fact, the Defendant was unable to operate the used cars shop and clothes shop which had already been operated by the Defendant, and was in the state of loans of KRW 15 million to the lending company, so there was no intention or ability to repay the loans in time even if the Defendant borrowed money from the victim.
The Defendant, as such, by deceiving the victim, received KRW 10 million in cash on the same day from the victim.
2. On December 30, 2012, the Defendant, at the same place as, December 30, 2012, 2012, stated, “The Defendant would pay 30 million won interest per annum to the victim at the same time as, in the same place as, paragraph (1) of the same Article, that “The principal will be repaid until October 30, 2013.”
However, in fact, the Defendant was unable to operate the used cars shop and clothes shop which had already been operated by the Defendant, and was in a state of lending KRW 35 million to the lending company, so there was no intention or ability to repay the loan at once even if the Defendant borrowed money from the victim.
The Defendant, by deceiving the victim as such, received 30 million won in cash from the victim on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement regarding C;
1. Each certificate of borrowing (Evidence 28,29 pages);
1. Account statement;
1. Previous records of judgment: The application of criminal records, references to criminal records, reports on investigation by the prosecution (report on confirmation of past concurrent crimes) and statutes;
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;