A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

(Criminal Power) On February 1, 2016, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud in the branch court of Suwon District Court on February 1, 2016, and the judgment became final and conclusive on July 18, 2016.

(Criminal Facts)

1. On July 6, 2015, the Defendant made a false statement to the victim C’s house located in Gyeyang-gun B, stating that “The Defendant shall repay the victim with money that he/she would have to pay off.”

However, in fact, the Defendant did not have any particular profits as credit bad at the time, and was in excess of the amount of KRW 9 million with respect to debts owed to the National Tax Service, such as D, E, F, G, and H, and the amount of delinquent taxes equivalent to KRW 9 million with respect to the National Tax Service. Therefore, the Defendant thought to use the money borrowed from the victim as loan principal and interest, personal debt repayment, and attorney fee, and did not have any intent or ability to repay the money within a given period even if it was paid to the victim.

The Defendant, as above, by deceiving the victim, received 15 million won in cash from the victim.

2. On July 14, 2015, the Defendant made a false statement to the victim stating that “Around July 14, 2015, the Defendant would have to construct and sell a house on 12 parcels, such as Gyeyang-gun I, and need construction permission costs, etc. In short, if the Defendant borrowed KRW 100 million from the bank, he/she would receive a loan of KRW 1.4 billion from the bank and repay it immediately.” At the latest, the Defendant would have to pay it in installments at KRW 10 million monthly.

However, in fact, the Defendant did not have any particular profits as credit bad at the time, and was in excess of the amount of KRW 9 million with respect to the obligation owed to the National Tax Service, such as the loan principal and interest, personal debt repayment, and attorney fee, and there was no intent or ability to repay the money to the victim even if he received the money from the victim.

As above, the Defendant, by deceiving the victim, received KRW 100 million from the victim to the K Association account under the name of his/her father and wife.

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