사기
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On July 16, 2014, the Defendant made a false statement to the effect that the “C” business place for Defendant’s operation, which was located in Jeonjin-gu Seoul Special Metropolitan City B and 101, would have “to pay KRW 1,50,000,000 per month for each 12 months if he/she loans the installation cost of KRW 18 million to the above business place.”
However, the Defendant had already received approximately KRW 150 million from banks and loan companies around that time, and there was no special revenue or property. Therefore, even if the Defendant received the above loan from the victim company, it did not have the intent or ability to make timely repayment of the loan.
As above, the defendant deceivings the employees of the victim company and received loans of KRW 18 million from the victim company on the same day and acquired economic benefits equivalent to the same amount.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A copy of the subsidiary financial agreement to be provided and a contract for the supply of goods;
1. A statement of investigation report (Submission of data by complainants) and recording;
1. Investigation reports, replies upon request for cooperation in investigation, and the application of credit information-related Acts and subordinate statutes;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] and the scope of the recommended punishment [the scope of the recommended punishment] that there is no type 1 (less than KRW 100 million) (no person subject to special sentencing] (the scope of the recommended punishment] from June to June (the basic area);
2. The defendant shall be punished by imprisonment with prison labor, since the amount of damage to the decision of a sentence is not so significant and the damage has not been recovered in addition to the repayment of 1.5 million won in a single installment.
However, the money acquired by defraudation from the damaged person under the pretext of installment loan shall be the full amount of the money acquired by deception because the damaged person immediately paid the money to the installing business operator of the PEB who is not the defendant, and there is no data that the money was delivered again to the defendant