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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
[Criminal Power] On December 21, 2012, the Defendant was sentenced to four years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Incheon District Court on December 21, 2012, and the said judgment became final and conclusive
【Criminal Facts】
1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) was operating “C” corporation operating a ship manufacturing and related electrical construction, etc. in the Gannam-gun, public service, and was working in the ship yard located in Incheon around October 2010 and at the shipbuilding yard located in that place, the Defendant got access to the victim D (Wan, 51) who had been well aware of the relationship of monetary rent and had been living together with the victim D (Wan, 51) who had been in the relationship of domestic payment, or had a money borrowed from the victim to raise the Defendant’s business fund.
On December 31, 2010, the Defendant made a false statement to the victim that “G” operated by the victim located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, that “G shall provide bonus to the employees. The Defendant shall pay the paid-in capital to the employees.”
However, even if the victim borrowed money from the victim, it was thought that he did not use the above money as the employee bonus, and at the time, the defendant was faced with difficulties in the business, such as not only did not have any particular property but also did not make a timely payment of the monthly salary of the above C corporation. Therefore, even if he borrowed money from the victim, he did not have the intent and ability to repay it.
As above, the Defendant, by deceiving the victim as above, received KRW 25 million from the victim to the Gyeongnam Bank account under the name of Gyeongnam Bank account in the same day from November 25, 2010 to October 22, 2012, including the transfer of KRW 25 million in total from November 25, 2010 to October 22, 2012, in the same manner, 985,300,000 from around 93 occasions, such as the list of crimes in the annexed list of crimes.