특정경제범죄가중처벌등에관한법률위반(사기)
A defendant shall be punished by imprisonment for two years.
Punishment of the crime
[criminal records] On November 25, 2016, the Defendant was sentenced to five months of imprisonment with prison labor and one year of suspended execution on December 3, 2016 at the District Court for the violation of the Labor Standards Act, and the judgment became final and conclusive on December 3, 2016.
[2] From July 2012, the Defendant: (a) around July 1, 2012, entered the case with E and the actual manager of a corporation Co., Ltd. (hereinafter “C”) performing doping, etc. for camping purposes; (b) the Defendant tried to bear the operating funds of C and participate in C’s management; (c) however, the Defendant was unaware of money by deceiving the victim F who was aware of the victim’s reputation as it is difficult to secure funds.
1. On October 16, 2012, the Defendant is obliged to pay the victim the amount of KRW 100 million and the principal KRW 100 million after four months from the time of making an investment in Jongno-gu Seoul Metropolitan Government.
“.........”
However, at that time, C was unable to pay the principal of KRW 100 million and KRW 20 million after 4 months even if it was invested by the injured party due to the fact that it was in financial difficulties.
The defendant deceivings the victim as above and caused the victim to transfer KRW 100 million to the Agricultural Cooperative Account in the name of C for the same day, thereby allowing C to deliver KRW 100 million to the victim.
2. On November 20, 2012, the nominal fraud Defendant: (a) calculated 5% of the monthly interest at the time of lending 200 million won to the victim at the place described in paragraph 1 at around November 20, 2012; and (b) paid the principal four months after the date of borrowing.
“.........”
However, in fact, the defendant was planned to use C's operating funds and personal purposes, which the defendant borrowed from the damaged person to pay the operating funds, and C was faced with the financial difficulties and the defendant did not have any special property, and the defendant is willing or ability to pay the principal and interest to the victim four months thereafter.