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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
[criminal records] On November 23, 2017, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Western District Court, and the said judgment became final and conclusive on December 1 of the same year.
[Criminal facts]
1. The fraud of investment funds in officetels;
A. On June 7, 2016, the Defendant called the victim C in the vicinity of the Busan Station and constructed a new officetel on the side of the "D" hotel.
This officetel representative made a false statement stating that the hotel representative will pay dividends, including the principal, if the representative makes an investment in an officetel construction project with a view to assisting the hotel representative, that the officetel sales will be completed on one-month basis and transfers dividends at the same time as the sale in lots.
However, in fact, D hotel did not have a studio as a non-existent hotel, and there was no studio, and there was no possibility that D hotel representative made an investment in the officetel business, and there was no possibility that dividends would be paid within one month. At the time, the Defendant thought that he would receive money from the injured party due to no special property in bad credit condition, and thus, the Defendant did not have the intent and ability to pay the money to the victim.
As such, the Defendant, by deceiving the victim, received 1 million won from the victim to the KEB bank account in the name of the Defendant on the same day.
B. On June 8, 2016, the Defendant continued to engage in an officetel investment as described in paragraph 1(a) in the vicinity of the Busan metropolitan area. On the other hand, the Defendant phone called the victim in the absence of the intent and ability to repay the amount to the victim, and then made a false statement to the effect that “it is difficult to pay dividends of KRW 1 million in the amount of investment, and at the present time, made an investment in lieu of the amount of KRW 2 million in the hotel fund.” Accordingly, around June 13, 2016, the Defendant was transferred KRW 2 million from the victim to the account of KEB bank in the name of the Defendant.
This is the defendant.