사기
A defendant shall be punished by imprisonment for not less than two years and six months.
Punishment of the crime
[2013 Height33]
1. On October 21, 2009, the Defendant against the victim D, at the office of the F Co., Ltd. F (hereinafter “F”) located on the third floor of the Seocho-gu Seoul E building in Seocho-gu Seoul, Seoul, for the victim D, “F is doing business under the name of the F, with a half of the total amount of KRW 10,000,000,000 in the future. In addition, if the Plaintiff entered the Republic of Korea with a half of the representative G, 50,000,000 won will be paid. If the Defendant wishes to have a part of the business, she would appear to have a part of the representative, who would have a sex of the business.” The Defendant loaned money to the effect that it would have been repaid until November 25, 2009.”
However, the fact was that F was unable to pay the employee pay properly, and the defendant did not have any particular property, and even if the defendant borrowed money from the victim, the defendant did not have any intention or ability to pay the money.
As such, the Defendant, by deceiving the victim as such, wired the victim with a total of KRW 150 million to one bank account in the name of F, on October 21, 2009, and KRW 20 million on October 22, 2009, and KRW 30 million on October 22, 2009.
2. On October 6, 2010, the Defendant said on the victim H the Defendant’s office located near the Songpa-gu Seoul International Station, that “The Defendant is going through the transfer of ownership to the Defendant’s office for the limited company K factories located outside the J of Hongcheon-gun, Hongcheon-gun, and three parcels, and the said factory removal construction will be ordered.”
However, the defendant did not have the right to dispose of the above factory, and there was no intention or ability to cause the removal of the above factory to be done by the victim as above.
As such, the Defendant, by deceiving the victim, received 80 million won from the victim to the national bank account in the name of L, as the contract deposit for the removal of the factory on the same day.
[2013 Highest 1219] The Defendant acquired Posman and M Co., Ltd. (hereinafter “M”) on November 2012.