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 became final and conclusive.
Punishment of the crime
The Defendant, from March 2017 to February 2, 2019, sold the subject matter of dissolution in the name of “E” from the Dart located in the Emart-gu Embri-gu, Chungcheongnam-gu, Cheongju-si.
1. On December 2018, the Defendant called the victim F by phoneing the victim F in the above E to a police officer in the middle of December, 2018, and falsely called, “In the case of operating a business in the Dart Fishery Cocoer in B, a few million won is raised in one month, and funeral services are well-grounded. The interest shall be at least 2% per month if the Defendant borrowed 4 million won.”
However, in fact, the Defendant had no intention or ability to pay profits from the operation of E or to return the borrowed money, even if he/she borrowed money from the victim, because the Defendant was unable to normally operate the E, such as the reduction of sales after the delay in the year of 2018, and the use of the bonds from around October 2018 and borrowing KRW 0,00,00,00.
As above, the Defendant, by deceiving the victim as above, received KRW 40 million from the victim to G account in total, including KRW 5 million on December 21, 2018, KRW 20 million on the 24th of the same month, KRW 26.2 million on the 26th of the same month, and KRW 13 million on January 1, 2019, and acquired it by defrauded.
2. The part concerning the fraud against the victim H
A. On November 2018, 2018, the Defendant, within the JJ, where the victim H was employed as an employee of the Defendant, who was employed by the Defendant at the Seocho-gu, Cheongju-gu, Cheongju as of November 1, 2018, concluded that “The Defendant would pay KRW 297,000 each day if the Defendant was operating a business in the Dar fishery copier in B, and lent KRW 5 million to use in the purchase of materials.”
However, in fact, the Defendant had no intention or ability to pay profits from the operation of E or to return the borrowed money, even if he/she borrowed money from the victim, because the Defendant was unable to normally operate the E, such as the reduction of sales after the delay in the year of 2018, and the use of the bonds from around October 2018 and borrowing KRW 0,00,00,00.
The Defendant is the victim as above.