사기
A defendant shall be punished by imprisonment for two years.
The defendant is an applicant for compensation of KRW 210,000,000, which is obtained by deceit to D who is an applicant for compensation.
Punishment of the crime
1. Crimes against victims D;
A. On January 2010, the Defendant made a false statement to the effect that “The Defendant would return the principal to a person who is aware of his/her knowledge at the time when he/she comes to a house located in the Daegu Suwon-gu, which is located in F, with property exceeding 40 billion won for the factory,” and that “The Defendant would return the principal if he/she comes to the end of one month prior to the end of one month on the ground that he/she is able to receive interest on the second part of a month when he/she makes an investment to that person.”
However, in fact, the Defendant had intended to use the money received from the victim as “i.e., the business cost and living cost, etc.,” and did not know of the victim’s assets as well as no particular property or income at the time, and did not know of the victim’s assets. In short, even if receiving the said money from the victim, the Defendant did not have any intent or ability to return it at the time of the victim’s request.
Nevertheless, the Defendant deceivings the victim as above and received 100 million won from the victim via his own foreign exchange bank account (Account Number: G) on or around February 3, 2010.
B. On May 201, 201, the Defendant concluded that “I” restaurant located in Yongsan-gu, Youngdong-gu, Gyeonggi-gu, Sinsan-si, Sinsan-si, and that “I will receive a loan and repay the loan to the Defendant as security if the Defendant was a building on the ground that “I can do so with a dry field 1,000 square meters and buildings.” On the ground, the Defendant was under construction of a commercial building on the 5th floor above the 2nd underground level, and money would be flick, and if the construction is being carried out by using money as personnel expenses and material expenses.”
However, in fact, the Defendant intended to use the money received from the victim as one’s own business expenses, etc., and did not have any specific property or income at the time of construction of a commercial building.