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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On June 15, 2015, the Defendant called the victim C, who is a son in Seoul Special Metropolitan City, by phoneing around June 15, 2015 to the victim C, who is a son in China, and there is no necessary registration fee. (b) If he/she lends KRW 50 million to the victim, he/she would make payment five months after the completion of the apartment sale in Jeju-do operated by the sales agency D Co., Ltd., Ltd., a sales agency within the Republic of Korea.). The Defendant was transferred from the victim to the account of D Co., Ltd. around June 16, 2015.
However, there was no fact that around that time, the Defendant was in excess of the debt with no particular income or property, and D, a corporation that was operated by the Defendant, was subject to dissolution around December 1, 2014 due to tax unpaid, and there was no fact that the sales agency of Jeju-do apartment was in progress. Therefore, even if the Defendant borrowed money from the victim as above, it did not have the intent and ability to normally repay it.
Ultimately, the Defendant deceivings the victim as above, and received 35 million won from the victim as the borrowed money.
2. On September 1, 2015, the Defendant of fraud at around July 2015, 2015 said, “Around July 1, 2015, the Defendant met the victim C or phoneed to the victim, and “The sales of the Jeju-do apartment unit of D, a company selling the apartment unit of D, a company selling the apartment unit in Jeju-do, which is operated by the company in charge, began from August 1, 2015. On the completion of the sales, only KRW 90 million is expected to reach the fee, and the sales agency of officetels in the system was entrusted with the sales agency of officetels, and therefore, an additional fee of KRW 2.6 billion is expected to accrue, and if the Defendant borrowed KRW 40 million by December 30, 2015, it received KRW 40 million from the victim to the account of D, a corporation around September 1, 2015.”
However, it is true that the defendant is in excess of the debt without any particular income or property around that time, and D, a corporation that the defendant operated, has already been dissolved on December 1, 2014 due to tax unpaid.