사기
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
1. Around April 10, 2010, the Defendant received delivery of KRW 5 million around April 24, 2010 and KRW 5 million around June 4, 2010, to the victim C, stating that “the imported goods are being sold for use, and the imported goods are enclosed.” The Defendant borrowed KRW 5 million as it is necessary to pay for the goods.” The Defendant received KRW 5 million from the victim around April 24, 2010 and KRW 5 million around June 4, 2010.
However, in fact, the Defendant did not have any specific income and did not lend money from another person due to the absence of assets, and thus, the Defendant did not have any ability or intent to repay the money in a timely manner, even if he borrowed money from the victim.
As above, the Defendant deceivings the victim, and obtained a total of KRW 15 million from the victim, thereby deceiving the victim.
2. The Defendant asserts that, around August 20, 2010, the Defendant, while speaking in Seodaemun-gu Seoul Metropolitan Government, received KRW 10 million from the victim E as above, and that, around October 27, 2010, KRW 10 million, and KRW 9.5 million around November 8, 2010, KRW 200,000 after deducting KRW 10,000,000 from KRW 1,000 and KRW 1,000 around October 27, 2010, KRW 200,000 after deducting KRW 1,000,000 from KRW 5,00,000,000 from KRW 2,000; and KRW 2,000,000 from KRW 5,000 on December 3, 2010; and the Defendant, upon deducting KRW 1,50,00,00 from KRW 5,50,000.
First of all, with respect to the borrowed money as of December 3, 2010, E takes the first 20 million won at the investigative agency and issued a promissory note with a face value of 20 million won at the time of the Defendant’s borrowing of the original 20 million won at the investigative agency, but E takes only KRW 10 million out of the total 20 million borrowed from Fentma, and the remainder of the Defendant takes 10 million to E.