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A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
[criminal records] On July 21, 2017, the Defendant was sentenced to a suspended sentence of one year for criminal fraud at the Busan District Court on April, 2017, and the judgment became final and conclusive on March 31, 2018.
[Criminal facts]
1. On June 10, 2014, the Defendant stated that “A victim C is running a business in which she left a siren company in the mutual infest coffee shop located in Gwangju Mine-dong,” and that “A passenger car, which is an affiliated vehicle, will be repaid without a mold three months after it is lent KRW 10 million as security.”
However, in fact, the defendant did not operate a siren business and the franchise did not own or own the defendant's access to the vehicle, but only borrowed from the new Libera, which was in excess of 50 million won at the time, and there was no intention or ability to pay the loan even if he borrowed money from the injured party because the debt exceeds 50 million won.
The defendant deceivings the victim as above, and transferred 5 million won from the victim's seat to the post office account under the name of the defendant, and acquired it by transfer E through E (5 million won at the market price).
2. On August 24, 2014, the Defendant stated that “Around August 24, 2014, the Defendant would repay a vehicle with KRW 15 million on the front of G restaurant located in Gwangju-gu, Gwangju-gu, without molding one month after lending the vehicle of KRW 520d, which is a vehicle entering the Dong-gu, to the victim as security.”
However, in fact, the defendant did not operate a siren business, and the BMW 520d car was merely lent by the defendant in the Libera Co., Ltd., and even if he borrowed money from the damaged party, the defendant did not have any intention or ability to pay the money.
The Defendant, as above, by deceiving the victim, received KRW 1 million from the victim to the post office account under the name of the Defendant on the same day, and received KRW 14 million from the same account around August 25, 2014 to the same account.
Summary of Evidence
1. Statement of the defendant in the second public trial records;
1.H and C, respectively.