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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Power] On April 18, 2012, the Defendant was sentenced to six years of imprisonment for fraud, etc. at the Chuncheon District Court on April 26, 2012, and the judgment became final and conclusive on April 26, 2012.
【Criminal Facts】
1. On January 2010, the criminal defendant against the victim C said, at the 6th floor office of the commercial building located in Suwon-gu, Gyeonggi-si, Gyeonggi-gu, 2010, that "the defendant succeeded to the purchase of this building, and paid some balance in cash to the victim C, which shall be remodeled in order to obtain a loan as security, and if there is any money necessary to obtain a loan as security, it shall be lent 10% of the monthly interest, and the principal shall be repaid six months after the loan."
However, there was no intention or ability to repay money even if the defendant borrowed money from the victim because the defendant was in excess of his/her obligation without any particular reason.
On January 6, 2010, the Defendant, by deceiving the victim, remitted KRW 20 million from the victim to the Agricultural Cooperative account in the name of E, which was the last day of January 6, 2010, received KRW 40 million as a check on January 14, 2010, KRW 7 million as the agricultural cooperative account in the name of the Defendant’s wife on February 19, 2010, and KRW 3 million as the agricultural cooperative account in the name of the Defendant’s wife on April 30, 2010, respectively.
2. On January 2010, the Defendant against the victim H said 6th floor office of the said commercial building, stating, “The victim H succeeded to the loan of the building that he purchased this building, and paid some balance in cash to the victim H. However, the remainder should be remodeled in order to obtain a loan for the building as a security, and if there is any money necessary for remodeling, the amount of the loan will be 10% per month and the principal will be repaid six months after the loan.”
However, the facts at the time, because the defendant was in a state of exceeding his obligation without any particular reason, money from the victim.