Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On December 14, 2012, the Defendant was sentenced to five months of imprisonment for fraud at the Incheon District Court, and the enforcement of the sentence was terminated at the Incheon Detention Center on May 13, 2013. On December 7, 2016, the same court was sentenced to eight months of imprisonment and two years of suspended execution on December 15, 2016.
1. On September 8, 2015, the Defendant, at around 2015, lent money to the victim D to a seller of fishery products wholesale and retail business who first supplied fishery products in the same day from the 'C' wedding office in the operation of the Defendant located in Dongdu-si, Dongcheon-si, and on the same day from September 8, 2015, the Defendant continues to engage in transactions with E (the damaged person).
The borrowed money will be repaid by December 2015.
“.....”
However, the Defendant had been in arrears with the employees of the above wedding hall due to the process of remodeling of the above wedding hall in July 2015 to August 8, 2015, and the financial situation and operation of the above wedding hall were extremely difficult, and not only the previous fishery products delivery business entity but also the above wedding hall related management expenses, construction expenses, and the price for goods supplied by the meat supplier. Thus, even if the Defendant borrowed money from the damaged party, the Defendant did not have the intent or ability to pay the money as agreed.
The defendant deceivings the victim as above and received 28 million won on the same day from the victim, and acquired it by fraud.
2. On October 23, 2015, the Defendant of the crime committed around October 23, 2015, at the foregoing wedding office office around October 23, 2015, repaid to the said victim “A few cases are pre-contracted, and the amount of funds for the operation of the wedding hall, such as personnel expenses, is insufficient, and as the type of expenses entered after the call, are loaned KRW 30 million.
“.....”
However, as described in paragraph 1 at the time, it is difficult to operate the above wedding hall as financial resources and operation of the above wedding hall.