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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
【Criminal Records】 On December 18, 2014, the Defendant was sentenced to a suspended sentence of two years on the six-month imprisonment with prison labor due to the charge of forging a signature at the Seoul Central District Court, and the said judgment became final and conclusive on October 8, 2015.
【Criminal facts constituting the Defendant: (a) around July 2012, the victim F, the representative director of the Guro-gu Seoul Metropolitan Government D Building No. 1118, who is the E-representative director, wanting to operate G in the D Building No. 118, 119, 120, 121, and 122; (b) the Defendant entered into a franchise agreement; and (c) the Defendant would have repaid money to the E-representative of the D Building No. 118 within six months if the amount of money is insufficient to carry out the D Building construction.
The phrase “ makes a false statement.”
However, on May 18, 2012, the Defendant: (a) received loans from the Industrial Bank of Korea at the time of receiving the sale of D's stores in around 2003, and paid the sale price, and (b) established a mortgage on D's stores in the Industrial Bank of Korea; (c) requested that the Industrial Bank of Korea apply for an auction on D's stores in the Industrial Bank of Korea, which is the actual creditor of H, on May 18, 2012, for the commencement of auction on D's stores in Seoul Southern District Court on the commencement of auction on May 22, 2012; and (d) provided that the Industrial Bank of Korea did not have any intention or ability to use D's stores due to defects in the decision of commencement of auction on May 22, 2012, and provided that it did not have any intention or ability to use D's stores in an ordinary way because it did not have any other property to use D's stores due to fraudulent reasons.
As such, the Defendant: (a) by deceiving the victim; (b) transferred KRW 10 million to a new bank account under the name of the Defendant on July 23, 2012 from the victim; and (c) transferred KRW 30 million to the same account under the same name on July 26, 2012; and (d) transferred KRW 10 million under the same name on July 31, 2012.