사기
A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around March 17, 2011, the fraud Defendant made a false statement to the victim E that “The victim would pay for the purchase of goods, such as franchis,” at the (State) D office located in Kimpo-si C.
However, in fact, the Defendant was in arrears with the amount of tax equivalent to KRW 80 million at the time, was in excess of his/her obligations such as demanding repayment from other creditors, and there was no intention or ability to pay the amount even if he/she was supplied with goods from the victim because of the lack of funds to the extent that the monthly occupancy fund is not sufficient.
Nevertheless, the Defendant, as seen above, received goods such as 37,29,900 won at the market price from the victim from the victim until July 3, 2012, and acquired them by deception.
2. Fraud of a loan;
A. A. Around June 9, 2011, at the place specified in paragraph (1), the Defendant stated that “The Defendant applied for a loan as collateral to the victim E with the land owned by him/her, and the amount of the loan is 20 days after the lapse of 20 days. As the company’s operating fund is urgently required, if the company’s operating fund is lent KRW 20 million, the Defendant would immediately repay it 20 days after the lapse of 20 days.”
However, in fact, the Defendant did not apply for a loan as security, and was thought to use the money borrowed from the Defendant to appropriate the monthly rent of apartment houses in short of the management of the company, not for the management of the company. Since the money was in excess of the liability as stated in paragraph (1), there was no intention or ability to repay it even if the money was borrowed from the Defendant.
Nevertheless, the Defendant, by deceiving the victim as above, obtained KRW 20 million on the same day from the victim and acquired it by deception.
B. On July 4, 2011, the Defendant: (a) at the place specified in paragraph (1) around July 4, 201, the victim E is entering into a contract for the development of one-day and gas heating; and (b) in order to contact one-third million won in Japan, it is necessary to provide the victim E with entertainment expenses and aviation fees.
First, it shall take precedence.