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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal records] The Defendant was sentenced to three years of imprisonment for fraud, etc. in the Goyang Branch of the Jung-gu District Court on May 18, 2018, and the judgment became final and conclusive on the 26th of the same month.
[2] The defendant is a person who has operated the "C" as defined in B at the time of strike.
1. On January 2016, the Defendant acquired the cost of acquiring the use of the land by fraud, the Defendant falsely concluded that “The cost of additional authorization and permission is required for the alteration of use of E and F (hereinafter “the instant land”) at the time of sowing that the victim D is the victim’s cellular phone and paid it to the victim D.”
However, even though the Defendant applied for change of the purpose of use of the instant land several times for change of purpose of use, the Defendant had already received “non-processing of change of purpose of use” on July 8, 2015, and even if the Defendant had received the aforementioned expenses from the injured party, the Defendant was trying to use the said expenses as automobile sirens, office rent, loan principal and interest, living expenses, etc., and even if having received the payment of the expenses, there was no intention or ability to use them for change of purpose of use or obtain the authorization or permission of change of purpose of use of the instant land
Ultimately, the Defendant, by deceiving the victim as above and deceiving the victim, was KRW 15 million from the victim’s personal bank account under the name of the Defendant ( KRW 2 million on June 27, 2016, KRW 5 million on December 29, 2016, KRW 3 million on January 5, 2017, and the same year.
5.2. 5 million won, including the sum of KRW 13,756,00 ( KRW 3,756,000 on January 6, 2016, KRW 10 million on October 1, 2016, and KRW 28,756,00 on this case’s land’s change of use, in cash or check, obtained and acquired it as the expenses for authorization and permission for change of use of this case’s land.
2. Borrowing funds;
A. On February 20, 2017, the Defendant committed a crime on February 20, 2017, in an influent place on February 19, 2017, and contacted the victim D with a cellular phone and repaid the money to the victim within the number of days from lending money.
“A false representation was made.”
However, the Defendant was delinquent in paying a maximum amount of taxes around that time.