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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
[Criminal Justice] On October 18, 2018, the Defendant was sentenced to one year of imprisonment for fraud, etc. in the Suwon District Court’s Ansan Branch, and appealed therefrom, and was sentenced to imprisonment for August 13, 2019 at the Suwon District Court and confirmed on May 21, 2019.
【Criminal Facts】
Around August 1, 2013, the Defendant borrowed KRW 30 million from the victim B, a high school established, to pay the amount of KRW 30 million for a period of four years. On September 8, 2017, the Defendant prepared a notarial deed of money loan with the content that, “If the Defendant borrowed KRW 30 million, it would pay KRW 60 million until September 8, 2018, if the Defendant borrowed KRW 30 million, it would pay KRW 60 million to the victim as collateral.” On the same day, the Defendant offered KRW 3,00,000 to the Defendant as collateral, and the Defendant occupied and used it, but the Defendant would immediately deliver it to the victim if the Defendant fails to meet his/her obligation.”
However, at the time, the repayment of principal and interest was not completed when the FF Co., Ltd. entered into a financial lease agreement with the FF Co., Ltd. for the 48-month period. The Defendant was unable to pay employee benefits in the status of debt equivalent to one billion won. Since it was thought that the Defendant would transfer the said three parts of the said machinery to a third party after the said lending of rights, there was no intention or ability to enable the victim to pay the same normally or to realize the security right to the said three parts of the machinery.
Nevertheless, on September 8, 2017, the Defendant made a false statement to the victim at the International Office of Notary Public No. H of the G Building in Silung-si, Silung-si, G.
9. Its members, at KRW 30 million, obtained from the victim KRW 2775,00,000,000, excluding the interest of the ship, and acquired it by fraud.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's office against the defendant;