특정경제범죄가중처벌등에관한법률위반(사기)
A defendant shall be punished by imprisonment for three years.
Punishment of the crime
On October 2015, the Defendant was unable to purchase commercial buildings in Jung-gu, Busan, where the Defendant intended to purchase from the Defendant, due to the shortage of funds, and caused the victim D to purchase them, and had the victim receive the construction cost from the victim and used it for personal debt repayment, etc. which had been already incurred.
On October 2015, the Defendant is entitled to pay a large amount of money to a tourist hotel business by purchasing a commercial building in Busan Jung-gu, Busan, and substantially repairing the building in the third floor of the victim's office in Busan, Seo-gu, 2015.
The large-scale repair project shall be conducted in G, a corporation that will become a director, with low test costs.
“A false statement” was made.
However, the Defendant was registered as a director in G, but only the name was registered upon request from G operator of G, and even if the Defendant received the construction payment from the injured party, he did not have the intent or ability to pay the amount received from the injured party as the price for the construction.
On October 27, 2015, the Defendant: (a) by deceiving the victim; (b) received KRW 200 million from the victim’s credit account (I) on October 27, 2015; and (c) received a total of KRW 1,899,62,972 from around that time to April 8, 2016, as indicated in the list of crimes in attached Form 12.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement made by the witness D and H in the third public trial records;
1. A protocol concerning the interrogation of the accused by the prosecution;
1. Application of Acts and subordinate statutes to the complaint, each investigation report, and reference materials;
1. Determination as to the assertion by the defendant and his/her defense counsel regarding the relevant criminal facts under Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347(1) of the Criminal Act
1. The assertion;
A. The defendant is the victim, and the defendant is the victim.