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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Defendant’s financial status] From around 2012, the Defendant was in bad credit standing, and around the time of borrowing money to Victim C, there was a debt equivalent to KRW 430 million, and since there was no income of KRW 1 million per month, there was no intention or ability to repay the debt even if the Defendant borrowed money from the injured party.
1. On August 12, 2015, the Defendant committed the crime of defraudation by deception on August 12, 2015, at a coffee specialty where the trade name near Seongdong-gu Seoul Metropolitan Government Geumho Lake is unknown, the Defendant may impose money on the victim C by purchasing and selling any dumped goods, such as cosmetics and clothes.
The reason behind the loan of KRW 15,00,000 for the purchase cost of dumped goods was that the existing debt amounting to KRW 20,000,000 shall be repaid without molding until December 30, 2015, and KRW 15,00,000 shall be repaid with KRW 12,00,000 until September 26, 2015, and KRW 5 million until September 30, 2015.
However, in fact, the Defendant did not have the intent or ability to repay as above, and the purpose of the loan was also deceiving, and the Defendant was transferred 15 million won to the account in the name of D, his/her father or mother on the same day from the victim.
2. On February 24, 2017, the Defendant made a false statement to the victim “F” at the restaurant “F” located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City on February 24, 2017, stating that “The Defendant will faithfully pay the amount of KRW 100,000,000,000,000,000,000 won on the 15th day of each month on which he/she pays the Gyeyang-gu Special Metropolitan City money.”
However, the Defendant not only did not have the intent or ability to repay as above, but also delivered a false real estate lease agreement as security to the victim, and then received delivery of KRW 10 million from the injured party on the same day.
3. On March 10, 2017, the Defendant committed the crime of defraudation by deception at H hotel located in Mapo-gu Seoul Special Metropolitan City on March 10, 2017, the Defendant: “Around March 10, 2017, the Defendant paid the credit card price used by the visitors in advance and received the fee and then raises profits therefrom. If the Defendant borrowed KRW 11 million on August 2015, 200,000,000 won.