beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Around February 2013, the Defendant was aware of the fact that a large amount of money can be borrowed from a financial institution under the name of the mother C of B, who was a teaching agent at the time of borrowing, and was willing to acquire the loan by fraud.
On February 6, 2013, the Defendant made a false statement to the victim C, stating that “The money is required to operate a siren business. If the Defendant borrowed money from a bank with a loan from a bank, he/she will repay at least 2 million won per month and pay it within one year.”
However, even though it is necessary to pay 300 million won in advance to a siren project, the Defendant was only an abstract plan to invest or borrow most of the money, and was in fact failed to prepare a vehicle necessary for a siren project, and most of the money received from the victim was thought to be used as the Defendant’s living cost, card value, expenses, etc., and even if it was difficult to use the money from the victim as the 8th class because there was no particular income at the time, and the credit rating was difficult to use it as the 8th class, there was no intention or ability to repay it as promised.
The Defendant, by deceiving the victim as above, received KRW 40 million from the victim E on the same day, and obtained KRW 33 million from the victim around May 2013, and acquired KRW 73 million in total.
2. On November 15, 2013, the Defendant made a false statement to the FF Co., Ltd. office located in Gangseo-gu Seoul Metropolitan Government, stating that “A vehicle is required to operate a siren. A vehicle is provided with a loan and will be repaid in full until June 2014 when the vehicle is purchased.”
However, the defendant was only an abstract siren business operation plan, such as the above Paragraph 1, and the financial situation was also the same as the above, and the vehicle received from the victim was provided or lent as security to other creditors.
The defendant.