beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Fraud;
A. A. Around September 30, 2011, the Defendant: (a) around September 30, 201, prepared a loan transaction agreement to the effect that “D” store located in Ansan-si member C; (b) E applies for a loan of KRW 5 million and the first used amount of KRW 3.2 million to the victim’s E-O-ray social; and (c) paid interest at 38.81% per annum and paid the principal by September 30, 2014; and (d) submitted it to the victim.
However, the above loan transaction contract was forged by gathering the name of E. The defendant had no intention or ability to pay the principal and interest of the loan since he had a total of KRW 200,000,000, such as taxes in arrears, unpaid card payments, unpaid loans, etc. at the time.
The Defendant, as such, by deceiving the victim, received 3.2 million won as a loan from the victim on the same day.
B. On April 23, 2012, around April 22, 2012, the Defendant made a false statement to the effect that “F” ran tavern located in Ansan-si member C, Ansan-si, and “F ranran tavern’s operating expenses are required to be loaned KRW 10 million, and the principal shall be repaid after one year, and the interest shall be paid in 3.5 million won per month.”
At the time, the Defendant had no intention or ability to repay the borrowed amount because he had a total of KRW 200,000,000, such as taxes in arrears, unpaid card payments, and unpaid loans.
The Defendant, as such, by deceiving the victim, received KRW 9.65 million from the victim on April 23, 2012 as the borrowed money.
C. A written indictment around May 23, 2012 states “a crime committed on or around May 22, 2012.” However, the Defendant’s correction is made to “F dan” with the seal that the Defendant received money from the victim, on or around the 23th day of the same month. The Defendant, around May 22, 2012, is required to operate the F dan in the “F dan” affiliated with the member-gu Seoul, Ansan-si, and by telephone to the victim E by telephone.