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Defendant
A shall be punished by imprisonment for eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
On October 27, 2016, A was sentenced to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Incheon District Court, and the judgment was finalized on July 11, 2017.
1. In fact, Defendant A was unable to be able to take financial measures, such as default on payments, etc., due to the failure of the construction of an apartment building in the Kazak-gun, which was conducted from around December 2004 to April 2009, and thus, Defendant A borrowed money from the victim C, even if he/she used the money from the victim C, he/she could not have any intent or ability to repay the money in a timely manner, and Defendant A borrowed money from the victim on February 19, 2010 to “if he/she fails to pay local expenses for the operation of the corporation and taxes on land, he/she could not recover his/her investment money.” Accordingly, Defendant A received money from the victim on February 22, 2004, KRW 910,000 on February 22, 2010, KRW 6810,0000 on March 20, 2010 from the victim.
2. Defendant A, even if he/she borrowed money from the victim D on January 2012, 201, due to the aforementioned circumstances, even if he/she had no intent or ability to repay the money from the victim D, he/she would have repaid the money to the victim “(s) who is a person operating a business with a parent C’s investment, and who has lent money.”
“Along on January 11, 2012, there was a transfer of KRW 1.3 million from the injured party under the name of the borrowed money.”
3. At around May 2014, Defendant A accepted the gold mine in his own key, even if he did not have any intent or ability to return the investment principal, even though he did not receive any investment from the victim C even though he did not have any economic ability to run the gold mine business due to bad credit standing due to the foregoing circumstances, etc., and there was no particular profit, and even if he did not receive the gold mine, Defendant A received the gold mine in his own key business from the victim C.
E also invests KRW 1.1 billion in the form of “The investment of the Party may cause to be made.”