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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal record] On November 27, 2017, the Defendant was sentenced to a suspended sentence of one year of imprisonment for fraud at the Jeonju District Court, and the judgment became final and conclusive on May 3, 2018.
[2] The Defendant is the representative director of a limited company D with limited liability for the purpose of housing construction and sale in lots, etc. in the YU-gu Seoul Special Metropolitan City, Jeonju-si, and completed the construction of a new multi-household housing in the land of Jeonju-si E from Oct. 1, 2016 to Jul. 30, 2017.
1. On May 2017, the Defendant would provide the victim F with a loan of KRW 50 million to a new construction site for multi-household housing in the first place. The Defendant would have borrowed KRW 50 million to the victim F.
1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”
However, at the time of fact, the Defendant had a personal obligation of approximately KRW 895 million, and D was in default of national taxes of KRW 40 million, and even if he received the above multi-household from the financial right as collateral, he did not have an intention or ability to repay the debt even if he borrowed money from the damaged party, such as not being able to fully repay the existing debt even if he received the above multi-household loan from the financial right.
On May 5, 2017, the date of remittance from the victim on May 5, 2017, by deceiving the victim as such, and its deceiving the victim is corrected ex officio (the 20th page of the evidence record).
In order to transfer KRW 30 million to the Agricultural Cooperative Account in the name of the limited company D, and to transfer KRW 18 million to the same account on May 8, 2017, it acquired KRW 48 million in total.
2. On May 2017, the Defendant would provide the victim G with a loan of KRW 50 million on a new construction site for the instant multi-household housing, and the Defendant would lend the victim G with a bank loan of KRW 50 million after completion of the loan.
1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”
However, at the time of fact, the Defendant had a personal obligation of approximately KRW 895 million, and D was in arrears with national taxes of KRW 40 million, and completed the above multi-household house as security.