특정경제범죄가중처벌등에관한법률위반(사기)
A defendant shall be punished by imprisonment for two years.
Punishment of the crime
[criminal power] On July 10, 2015, the Defendant was sentenced to imprisonment with prison labor for one year and six months at the Ulsan District Court for occupational embezzlement, etc., and the judgment became final and conclusive on July 18, 2015.
【Criminal Facts】
On October 2010, the Defendant borrowed the money as collateral from the victim E to cover his personal debt and living expenses, etc. while the Defendant had not received any special property or income as credit bad, on the other hand, when the personal debt was considerable to KRW KRW 8760,00,00 of his family's hospital expenses, etc., and received a demand from D, the representative of the owner of approximately KRW 8760, the daily forest of KRW 3,00,00, to complete the housing site development project for the above forest land.
On October 7, 2010, the Defendant presented the victim E’s business plan regarding the above forest land at the victim E’s office located in Ulsan-gu, Ulsan-gu, stating that “Around October 7, 2010, the Defendant purchased the above forest land with KRW 950 million and develops it as a site for electric source housing. On the other hand, the Defendant may obtain additional loans or obtain a large amount of sales revenue through the increase of land price. If the second and third business funds are insufficient, the Defendant would receive additional loans with the completion of the business and pay back immediately.”
However, the Defendant was thought to use the money borrowed from the victim for his own personal debt repayment, and there was no way to additionally prepare business funds in the above financial status, such as the establishment of a collateral security amount equivalent to 845 million won with respect to the forest land and fields, which was already secured by the Defendant agricultural cooperative. Therefore, there was no intention or ability to repay the money borrowed from the victim with the completion of the development project or with the additional loan.
As above, the Defendant makes a false statement, and the Defendant is a foreign exchange bank in the name of G, which is the Defendant’s seat, 650 million won on the same day under the pretext of borrowing from the victim.