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A defendant shall be punished by imprisonment for two years.
The defendant shall pay 328,355,000 won to the applicant for compensation by deceit.
3.2
Reasons
Punishment of the crime
Around July 2008, the Defendant started the Internet shopping mall business by lending money from his family members and branch members, but failed to pay profits and failed to do so. At that time, the Defendant used the card cash service from the bond company in order to pay the debt from the bond company and used the card cash service to prevent the repayment of the debt, with the intention of raising the victim D to raise the shortage of money.
1. Around June 2011, the Defendant made a false statement that “The Defendant would receive 10% profits in addition to the value of merchandise coupons from the company in return for the purchase of merchandise coupons from the company in South-west where merchandise coupons need to be purchased for a public official contact with the company.”
However, in fact, the gift certificates received from the victim were commercialized through the discount sale for the purpose of repaying the interest and principal to the bond company, etc., and there was no intention or ability to pay the victim the price of the gift certificates and the benefit.
The Defendant, from June 17, 201 to August 3, 2012, received a home-plos gift certificate of an amount of KRW 900,000 from the victim, from that time, he received the home-plos gift certificate of an amount of KRW 230,220,00 in total over 85 times, such as the list of crimes in attached Table (1) from the victim.
2. The Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) concluded on August 201, 201 that “The Defendant would make a false statement to the victim that “it is necessary to file a return of value-added tax in the Southern Company, but it is necessary to pay money to the victim at 10% interest if he/she lends money to the company.”
However, as above, the Defendant paid interest and principal by lending money from the beneficiary, bond company, etc., and the money borrowed from the victim is the same as the above paragraph 1.