사기등
A defendant shall be punished by imprisonment for not more than ten months.
An applicant for compensation shall be dismissed.
Of the facts charged in the instant case.
Punishment of the crime
【2012 Highest 1721】
1. The Defendant against the victim E was in bad credit standing, and there is no intention or ability to complete payment even if he borrowed money from the victim due to the circumstance that he/she has to pay at least KRW 100,000 per month interest on the debt amounting to KRW 112,00,000.
Nevertheless, on January 2009, the Defendant provided that “The Defendant shall pay the victim a three-minute interest per month from the loan of the money necessary for the operation of the store, and shall pay the victim with no money in one month from the time when the repayment is requested,” at the victim E’s house located in Sinpo City F.
The Defendant, as above, received a total of KRW 53 million from the victim by deceiving the victim and receiving KRW 30 million from the victim, around January 2009, KRW 10 million around July 2009, KRW 13 million around December 2009, and KRW 13 million around December 2009.
2. Fraud against victim G;
A. On October 17, 201, the Defendant: (a) at the I Herb Bank located in He/she was, and (b) the victim G, “ten persons who begin on October 18, 201 and end on July 18, 2012; and (c) upon payment of KRW 280,000 per month, the Defendant may withdraw 5,00,000 won with the guidance on June 18, 2012; and (d) 18 persons who begin on October 21, 201 and end on January 21, 2013, who paid KRW 50,000 per month, may withdraw from the guidance on January 21, 2013.”
However, even if the defendant receives money from the victim, he did not have the intention or ability to pay the money to the victim with the money received from the victim.
As above, the Defendant, including deceiving the victim and receiving KRW 280,000 from the victim, on October 19, 201, received KRW 280,000 on five occasions each month, and received KRW 500,000 on five occasions each month, and received KRW 500,000 on four occasions each month, and received KRW 3,40,000,000 from the victim on four occasions.
B. The defendant is bad credit.