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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
"2014 Highest 561"
1. Around December 10, 2007, the Defendant committed fraud against the victim C, the victim C made a false statement to the head of the E Party located in Nam-gu Incheon Metropolitan City, Nam-gu, stating that “When investing money with a domestic company operating a bond business, the amount of interest on the investment amount of KRW 20 million per month shall be reduced by 4% per month.”
However, at the time, the Defendant was trying to borrow development funds while engaging in machinery manufacturing and repair business with the trade name of F, and did not have engaged in a bond business for the company, and even if the Defendant borrowed money from the said victim with a bad credit standing due to tax delinquency, etc., he did not have the intent or ability to repay the money.
Nevertheless, the above victim made such a false statement, and thereby, the Defendant acquired 20 million won from the above victim to the agricultural bank account in the name of his wife G from the above victim, and acquired it, and acquired it through deception, from July 10, 2009, through a total of 288 million won from the time to July 10, 2009, such as the list of crimes in the attached list.
2. On August 20, 2008, the Defendant committed the crime of fraud against the victim H at the “I” alcohol house located in Nam-gu Incheon Metropolitan City, Incheon, and the victim H said that “B has two or three business units around the Nam-gu Incheon, Nam-gu D Land Depository, and operates three business entities, such as F, J, and K. At present, if there is a little amount of money because it currently engages in credit business from Gangnam-gu Seoul to K in the mutual name, the Defendant would make an investment of KRW 20 million per month.”
However, at the time, the Defendant was seeking to borrow development funds in the name of F while engaging in machinery manufacturing and repair business. There was no fact that the Defendant engaged in bond business against the company under the trade name of K, and rather than having two to three commercial buildings, money from the said victim who was registered as a bad credit holder due to tax delinquency, etc.