사기
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around September 14, 2011, the Defendant made a false statement to the effect that, “Around September 14, 2011, in the cell phone store in Yongsan-gu Seoul Metropolitan Government, the Defendant would lend the funds that the Defendant provided to the victim (victim) only 2-3% interest if he/she included in the bank, and if he/she lends the E-conditioner construction material cost to the bank, it would be more than the bank.”
In fact, the defendant did not have the intention or ability to repay the borrowed money because he did not have any other income or property due to the necessity of money in order to raise business funds, living expenses, and gambling funds.
As such, the Defendant, by deceiving the victim as such, received KRW 13 million from the victim on September 15, 201, around October 6, 2011, KRW 2.5 million on or around October 6, 201, KRW 1.6 million on or around October 17, 201, KRW 2.5 million on or around November 22, 201, KRW 3 million on or around November 29, 201, KRW 5720,00 around December 19, 201, and KRW 12 million on or around January 3, 201, respectively. < Amended by Act No. 11328, Nov. 29, 201; Act No. 11137, Dec. 19, 2011; Act No. 11320, Jan. 3, 2012>
2. 피고인는 2011. 12. 30.경 용인시 소재 E대학교 앞 술집에서 피해자에게 “내가 F 오피스텔 공사 시공권을 따 놨다. 이 F 오피스텔의 각 방에 80대 정도 에어컨 설치하는 공사를 하게 되었으며, 이 오피스텔의 방 2개에 대해대물권을 받을 예정이고, 오피스텔 1채 시세가 1억1,000만 원에서 1억2,000만 원 정도하는데 형한테 8,000~8,500만 원에 줄 수 있다.”라는 취지로 거짓말을 하였다.
In fact, the defendant did not have the intention or ability to acquire officetels from the victim because there was no other income or property due to the need for money in order to raise business funds, living expenses, and gambling funds.
The Defendant, as such, deceiving the victim and deceiving him/her from the victim for the purchase price of the Eunpyeong-gu Seoul Metropolitan Government Officetel, KRW 2,299,00 won around January 25, 2012, KRW 5 million around February 9, 2012, KRW 8 million around February 20, 2012, KRW 1 million around February 27, 2012, KRW 100,000 around March 2, 2012, and around April 2, 2012. < Amended by Act No. 11378, Apr. 2, 2012>