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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
【Fraud against Victim D】
1. On June 30, 2008, the Defendant stated that “The Defendant would have 160 million won repaid the sum of the profit of KRW 40 million up to December 30, 2008,000,000,000,000,000,000 won, in the “G” restaurant for F’s operation in Seongbuk-gu, Seongbuk-gu, Sungwon-gu, Sungwon-si, Sung-gu, Seoul, would put the victim D into the bank, and would have received interest.” If the Defendant borrowed money, he would have used only six months and paid the higher interest.”
However, at the time of fact, the Defendant was operating the real estate development business under the trade name of H Co., Ltd., but, without any fixed income or real estate property, borrowed real estate purchase price and development costs from several persons, such as I, J, K, etc., or appropriated them for the purpose of investment. Even if the development of certain real estate is successful, it is difficult to fully repay the principal and interest of the loan, etc. promised to the creditor and investors. Therefore, even if the money was received from the victim as the borrowed money, the Defendant
Nevertheless, on June 16, 2008, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim to the post office account under the name of the Defendant on June 16, 2008, KRW 30 million to the same post office account on June 17, 2008, KRW 30 million to the NongHyup account in the name of L on June 18, 2008, and KRW 30 million to the same NA account on June 25, 2008, and received KRW 120 million in total four times as the borrowed money.
2. On October 2008, the Defendant lent money to the victim D in a restaurant of the above G "G" on the Habman stated that the Defendant would have repaid twice the money lent to the victim D. The Defendant borrowed money. The Defendant did not lend money to the victim himself/herself, and thus, he/she would have become aware of even the bonds.” The Defendant did not respond with the Defendant’s hot-water, and then, the Defendant told the victim “I am am on the laver, I am I am I am I am I am I am I am I am I am I am.”