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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On June 29, 2010, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Central District Court, and the execution of the sentence was terminated on April 13, 201. On April 16, 2015, the Defendant was sentenced to ten months of imprisonment at the Daejeon District Court, and the judgment became final and conclusive on July 10, 2015.
On November 13, 2012, the Defendant, at the D joint market located in Ansan C, concluded on November 13, 2012, that “The Defendant would pay KRW 300 million in total the profits of KRW 50,000,000,000 to the victim E by providing it as security to the Dopos cooperative, a supplier of the real estate owned by the victim, as the funds to purchase Korea-do is to purchase Korea-do, which is a mother and child, to offer the Dopos cooperative, a supplier of the real estate owned by the victim.”
However, the Defendant had already been liable for the unpaid amount of KRW 170 million to the cooperative, and the obligation to pay to facility operators, etc. was KRW 70 million. The Defendant did not have any way to prepare the cost of KRW 40 million per month, such as the employee salary and office operating expenses, and thus, there was no intention or ability to pay KRW 30 million, including KRW 50 million, to the victim within 15 days from the delivery of the said security even if the said security was provided by the injured party.
On November 16, 2012, the Defendant: (a) deceiving the victim as above; and (b) had the victim establish a right to collateral security on the amount of KRW 459,00,000 on the amount of the claim against the amount of KRW 2804,00,00,00 for the total amount of the claim against the amount of KRW 159,00,00,000 for the Gyeonggi-gu Gyeonggi-gu G, Seoul-gu, Seoul-gu; (c) the obligor H (the debtor of the intermediary H) provided the above security; and (d) provided the Defendant with the delivery of a letter of credit from the cooperative of the Don Sirs, the Defendant acquired the benefit equivalent to the maximum amount of the claim
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. A written agreement (written evidence, recorded;