2015 Highest 72 (Consolidated) Fraud

“2014 Highest 1582

Around July 6, 2011, the Defendant: (a) it is necessary to receive money from the maximum ○○○○○ who was found to be a new son in Seoul, which he had been his son, to receive a successful bid for the instant funeral work. Around July 6, 2011, the Defendant said that the said construction would have been completed, and that the said money would be repaid with the said money.

However, the Defendant did not have been awarded the contract for the above construction, and there was no income source for the Defendant at the time, and there was no intention or ability to repay it to the Defendant even if he borrowed the above money due to the financial situation, such as the personal debt amounting to KRW 30 million under bad credit standing.

Nevertheless, the Defendant, as seen above, received 1,060,000 won on the same day from the victim as the loan money from the victim to the victim, and acquired it as the loan money, as well as the victim throughout 337 times in total from the above date to August 10, 2012, such as the list of crimes in the annexed sheet of crimes.

It is necessary to receive money in winning a contract for the ○○○○○ Foundation in Bapo-si. When the construction is completed, the money will be repaid with the money, and the money will be repaid by disposing of the shares of the ○○○○○ Foundation in Bapo-si, and the money will be disposed of in Jeju-si, and the money will be repaid by means of the disposal of the land in Dopo-Eup. Accordingly, the money was obtained from the victim as a loan, and the money was acquired as a total of KRW 198,60,000.

"2015 Highest 72

At the time of the instant case, the Defendant was a bad credit holder, and there was no particular property or income, whereas the obligation exceeds KRW 200 million.

1. Acquisition by deceit under the name of a charnel project;

On November 2012, the Defendant made a false statement to the effect that “○○○○○○” in Daejeon, known to the effect that “Around November 2012, the Defendant was offered a bid for a charnel house construction with an amount of KRW 1 billion in Seoul, ○○○○○, which was promoted by LH, to the Plaintiff, who was aware of the sex of the Defendant (Y, 51 years old). There was a bill of exchange. There was a demand for a down payment, and after one month, the Defendant borrowed the money first of all to pay the down payment.”

However, in fact, since the defendant did not have been asked for the above construction work and the financial situation was difficult as above, there was no intention or ability to repay the money in accordance with the agreement even if he borrowed money from the victim.

As such, the Defendant, by deceiving the victim as such, received a total of KRW 28,059,00 from November 8, 2012 to February 4, 2013, a total of KRW 40 times from around 201 to around 30,00 as the attached list of crimes, under the pretext of borrowing money from such female.

2. To acquire money by fraud under the name of the law society;

Around November 2012, the Defendant made a false statement to the effect that “The Defendant would purchase water necessary for the instant ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○

However, since the above financial situation was difficult, there was no intention or ability to pay the price even if the victim purchased the necessary goods on behalf of the victim.

The Defendant, as such, by deceiving the victim as above, received goods equivalent to KRW 3,025,90,00 in total from November 10, 2012 to January 15, 2013, as shown in the “Attachment Table of Crimes” B, under the pretext of the goods, etc. of the legal association from her female.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 347 (1) of the Criminal Act;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

It is so decided as per Disposition for the above reasons.

Reasons for sentencing

General Fraud Type 2 Basic Area: 1 to 4 years

Unfavorable Conditions: Previous Division (Aggravated Punishment, etc. for Fraud)