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A defendant shall be punished by imprisonment with prison labor for a year and a fine of six million won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
[criminal record] On June 22, 2017, the Defendant was sentenced to a suspended sentence of one year of imprisonment for fraud, etc. at the Gwangju District Court, which became final and conclusive on June 30, 2017.
[2019 Highest 4573]
1. On July 2016, the Defendant against “victim B” made a false statement to the effect that “D” page in Seo-gu, Seo-gu, Seo-gu, Gwangju, controlled the hotel construction in progress within the previous North Korean region,” and “F, an employee of the injured party E and the injured party, is insufficient. It takes about four months until the public works are performed and the subsequent process is performed. If the Defendant borrowed KRW 10 million, it shall be repaid within four months, and some construction works may be subcontracted.”
Around September 5, 2016, the Defendant continued to make a false statement to the effect that “E should have an employee accommodation, and additionally lend KRW 10 million to him/her.”
However, even if the defendant borrowed money from the victim, he did not have the ability to subcontract part of the money to the victim and did not have the intention or ability to pay the money normally.
Nevertheless, on August 4, 2016, the Defendant: (a) by deceiving the victim’s consciousness; (b) obtained transfer of KRW 10 million from the Defendant’s corporate bank account (Account Number: G) more than twice; and (c) obtained transfer of KRW 10 million more than twice on September 12, 2016 to the same account; and (d) obtained fraud of KRW 20 million in total, such as receiving KRW 10 million from the same account.
2. On February 10, 2017, the Defendant: (a) purchased three of the right to sell an apartment unit in Gwangju Dong-gu, Gwangju; (b) around February 10, 2017, at “J” restaurant operated by the victim H in Seo-gu, Gwangju; and (c) as the above restaurant was frequently located, the Defendant purchased three of the right to sell an apartment unit in Dong-gu, Gwangju.
When sending money to the sale office as soon as possible, the sale right shall be held.