특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for not less than three years and six months.
The defendant pays 30,000,000 won to the applicant by fraud.
Punishment of the crime
[criminal records] The Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud, etc. at the Incheon District Court on March 30, 2017, and on April 7, 2017, the indictment was written as “No. 17, 2017.” However, this is deemed to be a clerical error, and thus, the Defendant is corrected.
The above judgment became final and conclusive.
"2018 Gohap 141"
1. On May 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim N in the early police officer (“N”) to lend money to the victim N in the early stage of May 2015, and independently operate the bond business in which he/she gains profits from the high interest rate. Since the existing customers are considerably secured, if there is a person in need of the transfer, he/she can receive a high interest rate and make a considerable profit from the loan of money, 3 to 7% per day shall be given as interest, and the principal shall be repaid at any time when he/she wishes.
“A false representation was made.”
However, in fact, the Defendant did not have any particular property or regular income, and had no intention or ability to repay the obligation normally by generating profits from the loan business, etc., even if the Defendant borrowed money from another person due to the situation where the principal and interest was repaid with money from another person in excess of KRW 00 million with already borrowed money.
Around May 4, 2015, Defendant deceptioned the above victim, and acquired 3 million won from the above victim by remittance, and acquired 2,888,000,000 won in total from that time to September 14, 2016, as shown in attached Table 1.
2. Around September 8, 2016, the Defendant: (a) borrowed the principal amount of KRW 50 million to the victimO; and (b) falsely concluded that the Defendant would return the principal amount of KRW 2.5 million to the victimO after ten (10) days; and (c) returned the interest amount of KRW 2.5 million.
However, the defendant did not have any intent or ability to pay principal and interest even if he borrowed money from the above victim, as stated in the above paragraph 1.
As above, the Defendant is above.