사기등
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
[2018 Highest 2442] From 2013 to 2013, the Defendant operated D Co., Ltd., an agricultural product distributor in Daegu-gu, Daegu-gu, Daegu-gu, and D Co., Ltd., in around 2015, caused financial difficulties, such as a sudden increase in its liabilities.
On October 13, 2016, the Defendant stated, at the above D office, that “I need business funds to import agricultural products, such as Bana, etc.... If I lend business funds, I would have 30% interest per annum and repaid all principal within three months.”
However, the defendant did not have the intent and ability to pay the above money within three months or to pay 30% interest per annum.
Ultimately, the Defendant, by deceiving the victim as above, remitted KRW 28,50,000 after deducting KRW 1,50,000 from the victim’s prior interest to the G Union (H) account in the name of F, which is located in the territory of the Republic of Korea on October 13, 2016. On January 18, 2017, the Defendant transferred KRW 19,000,000 after deducting KRW 1,00,000 from the F, as prior interest, to the G Association account in the name of the F, and received KRW 30,000,000 in cash around April 8, 2017.
[2018 Highest 3325] On June 23, 2016, the Defendant purchased one car at the seat of the Daegu Suwon-gu, Daegu-gu, the amount equivalent to 38,153,455 won of the vehicle price, and concluded a loan contract with the victim KK Co., Ltd. to have the victim pay the vehicle price of 41,00,000 won, and around June 27, 2016, the Defendant set up a mortgage on the said car as a mortgagee against the said car as a security for 28,70,000 won out of the above loan.
Nevertheless, around February 2017, the Defendant delivered the said car to the obligee N in the Defendant’s residence in Daegu Dong-gu M as security.
Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the exercise of another person's right.