사기등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
【2013 Highest 403】
1. Around 14:00 on April 9, 2006, the Defendant made a false statement to the victim E, “If the Defendant has temporarily lent the time limit for using the said money to the victim E” by the end of this month, the Defendant would repay the time limit by the end of this month, and if he fails to pay the money, he would make a substitute in return.”
However, the Defendant was not a vehicle owned by the Defendant, even if the Defendant borrowed money from the victim due to a credit card delinquency liability of KRW 35 million as a credit holder at the time, and the Defendant had no intent or ability to repay the money.
Around April 10, 2006, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the Agricultural Cooperative Account under the name of the Defendant.
[Judgment of the court below]
2. On October 28, 2009, the Defendant made a false statement that “The Defendant would pay the principal of the investment and the profit to the Defendant, within one month, in the H-care center office operated by the victim G in Yong-gun, Young-gu, 2009, to the victim of the H-care center office operated by the victim G, which was delegated by the land owner.”
However, in fact, the defendant was planned to use the money invested by the victim as expenses for the promotion of the hanok Village Designation Project, and there was no intention or ability to pay the victim the investment principal and profit.
The Defendant, by deceiving the victim as above, received a total of KRW 100 million, including KRW 65 million, and KRW 35 million, around the 29th day of the same month from the victim to the national bank account in the I.
[Judgment of the court below]
3. A person who intends to run real estate brokerage business shall register the establishment of a brokerage office with the head of a Si/Gun/Gu having jurisdiction over an area where he/she intends to establish a brokerage office.
Nevertheless, the defendant is the competent authority.