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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal Power] On July 2, 2010, the Defendant was sentenced to six months of imprisonment for fraud at the Gwangju District Court and two years of suspended execution, which became final and conclusive on September 25, 2010.
【Criminal Facts】
Around June 2007, the Defendant did not have any specific plan to take over gas stations, such as having no experience in operating gas stations and having no funds to take over gas stations in Gwangju City. Even if the Defendant borrowed money from the victim C, it was thought that it would be used as repayment of existing debts and personal living expenses, etc., and thus, the Defendant did not have any intention or ability to distribute profits through the operation of gas stations to the victim or redeem the principal.
Nevertheless, the Defendant, on June 2007, shared with the victim C, who became aware of through G, a rear-gu, Sungnam-gu, Sungnam-gu, D in the following conduct, several times, and borrowed 40 million won as the funds are insufficient. If the Plaintiff is operating a gas station in Gwangju City for more than 2-3 months, he may pay a large amount of profits, and the Defendant would pay 300,000 won as interest on 40,000 won as interest on 40,000 won and the principal would be repaid at any time when he wishes to do so. Accordingly, the Defendant received deposit from the victim in the name of Gwangju bank in the name of the Defendant bank on July 2, 2007, around July 2, 2007, around July 13, 2007, and around July 23, 2007, under the name of the Defendant bank.
From August 2007 to September 2007, the Defendant continued to met the victim C or “the fund for acquiring gas stations is insufficient to pay to the person E as security. In addition, the Defendant deposited KRW 20 million into E’s account to deposit the debt to the person E, and then received the repayment of the debt from the person who paid the debt to the person E, and then used the debt as security, with the payment of KRW 20 million back to the money of the gas station.” Accordingly, the Defendant caused the victim to transfer the debt to the account under the name of E.
This is the defendant.