사기
A defendant shall be punished by imprisonment for not less than eight months.
However, 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. On November 201, 201, the Defendant told the victim D that “If the Defendant has received high interest by investing money in a multi-level financial company and has lent money KRW 20 million to the victim, he/she will make an investment in the said money and KRW 1 million each month thereafter.”
However, in fact, the defendant did not make an investment in money in a multi-level financial company and did not have an intention or ability to make a repayment even if he borrowed money from the victim because he had an intention to repay his debt with the money of the victim.
On December 23, 2011, the Defendant, by deceiving the victim as above, transferred KRW 9 million to the Agricultural Cooperative Account under the name of the Defendant, and KRW 1 million to the same account on December 28, 201, respectively, and received KRW 10 million in cash from the Haman on December 28, 2011.
Accordingly, the defendant deceivings the victim and obtained a total of KRW 20 million, and acquired it by fraud.
2. On November 26, 2012, the Defendant called the said victim’s telephone in the Taesan River Station located in Ulsan-gu, Ulsan-gu, Busan-do, and stated, “In order for the said victim to personally carry on the business of cleaning, the Defendant shall keep the insurance policy from the guarantee insurance company to cease to carry out the insurance policy in order to run the business of cleaning in the modern Heavy Industries, and then, he shall immediately pay back the insurance policy two weeks after borrowing money from the guarantee insurance company and immediately repay the funds from the Credit Guarantee Fund.”
However, in fact, the defendant did not establish a sub-contractor as a modern middle industry cooperation company, and did not need to obtain an insurance policy, and solely intended to pay his/her debt with the victim's money, so even if he/she borrowed the above money from the victim, he/she did not have any intention or ability to pay it.
As above, on November 29, 2012, the Defendant, by deceiving the victim as above, transferred KRW 12,500,000 to the Agricultural Cooperative Account under the name of the Defendant, and KRW 12,500,000 to the same account on December 5, 2012, and around November 27, 2012. < Amended by Act No. 11413, Nov. 27, 2012>