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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
On April 30, 2015, the Defendant was sentenced to six months of imprisonment for fraud in the Suwon District Court Pyeongtaek Housing Site, and the said judgment became final and conclusive on May 8, 2015.
Around September 2011, the Defendant made a false statement to the victim B, stating that “I will use only one month and complete payment if I lend ten million won to you urgently need to pay money,” at the site of the golf course landscaping in Chungcheongnam-gu, Chungcheongnamcheon-gu, Chungcheongnam-do.”
However, as of September 30, 201, due to the aggravation of company management in relation to the landscaping business that the Defendant had been operating around that time, the Defendant was in arrears with a total of 34 employees retired from office from around August 30, 2010 to around August 24, 2011, with a total of 28,867,50 won, and there was no special property, and the Korea Credit Guarantee Fund has been in a state of bearing an obligation equivalent to KRW 8,00,000,000. Since the Defendant was in a state of excess of the obligation, such as the obligation to pay the bus price unpaid to bus buyers C, the Defendant did not have any intent or ability to pay it within one month, even if having received KRW 10,00,000 from the Defendant.
Nevertheless, on September 16, 201, the Defendant received KRW 10 million from the victim.
Around April 2012, the Defendant continued to make a false statement by phone calls to the victim and “on the other hand, if he/she loans KRW 2.7 million, he/she shall be repaid up to KRW 10 million prior to the loan.” However, the Defendant did not actually have a vehicle offered to another person as security, and as such, the Defendant was placed in an excess of his/her obligation without any additional revenue or property, even if he/she borrowed KRW 2.7 million from the victim, there was no intention or ability to make a lump sum repayment of KRW 10 million.
Nevertheless, around April 2012, the Defendant received KRW 2.7 million from the victim.
Accordingly, the defendant was given a total of KRW 12.7 million by deceiving the victim.