특정경제범죄가중처벌등에관한법률위반(사기)등
A person shall be punished by imprisonment with prison labor for not less than one year and six months, and imprisonment with prison labor for a crime of No. 2 as decided by the court below.
Punishment of the crime
[criminal power] On January 7, 2008, the Defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Northern District Court, which was sentenced to a suspended sentence of one year for fraud, and the judgment became final and conclusive on April 24, 2008.
In addition, on October 22, 2009, the defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Northern District Court on April 2, 2009, and the judgment became final and conclusive on October 30, 2009.
【Criminal Facts】
1. Around the end of 2005, the fraud Defendant displayed the refeasible power, such as running a construction company and restaurant with a construction company by advertising that he/she became aware of the victim C with an opportunity to learn the victim C, and committed a resistant relationship with the victim, and used it to obtain money from the victim.
On April 25, 2006, the Defendant stated that “The Defendant would lend the victim the amount of KRW 100 million necessary for the operation of the amusement room to the victim at KRW 100 million monthly interest rate and within 2 months.”
However, in fact, the Defendant did not have intended to pay the money borrowed from the victim, and the entertainment room that the Defendant intended to operate cannot be guaranteed a fixed high rate of profit with a high risk of regulating illegal gambling rooms. At the time, the Defendant did not have the ability to pay the money because there was no particular property or income.
The Defendant received KRW 100 million from the victim’s bank account in the name of E in the above false statement.
In addition, from around that time to May 21, 2007, the Defendant received total of KRW 270,500,000 from the victim as a loan borrowed money and obtained from the victim as shown in the attached crime inundation (1) without any intent and ability to repay from around that time.
2. On April 10, 2009, the Defendant, on the part of the victim C and the Pakistan, newly constructed a multi-household house in FF land and sold it to the victim, and the victim raised funds necessary for the performance of the project, and the Defendant entered into an agreement with the field to assume responsibility for the construction work.
The defendant was dispatched on June 19, 2009.