사기등
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Punishment of the crime
【Criminal Force】 On September 4, 2019, the Defendant was sentenced to six months of imprisonment for fraud and one year of suspended execution at the Seoul Central District Court, and the judgment became final and conclusive on the 12th of the same month.
【2019 order 3826】
1. Fraud;
A. On April 23, 2012, the Defendant made a false statement to the victim B of Jongno-gu Seoul Metropolitan Government (Seoul Jongno-gu) around April 23, 2012, stating, “The Defendant was ordered to receive an order to produce a plaque from another company. If the net gold 150s are placed, the Defendant manufactured and supplied the plaque to that effect within a week, and then, he/she would pay the price and pay 315,000 won as interest.”
However, in fact, the Defendant was in excess of the obligation at the time, and the Defendant did not have any intent or ability to pay the net amount within the agreed period, as it sold the net amount after receiving it from the victim and intended to use it for the purpose of the repayment of the credit obligation.
Nevertheless, the Defendant, by deceiving the victim as above, received 35,475,000 won a net amount of money equivalent to the market price on the same day from the victim and acquired it by deception.
B. Around January 21, 2013, the Defendant made a false statement to the victim of Jongno-gu Seoul Metropolitan Government (Seoul Jongno-gu) that “The Defendant was ordered to produce and deliver a plaque of continuous service from C. If the net money 360s is mainly produced and supplied to him/her, the Defendant would repay the price and pay 70% of the profits.”
However, in fact, the Defendant had been in excess of the obligation at the time, and there was no intention or ability to pay the net amount and the profit within the agreed-term, because he had sold it after receiving the net amount from the victim and sold it for the purpose of using it or producing goods to be supplied to other customers.
Nevertheless, the Defendant, by deceiving the victim as above, received the amount equivalent to KRW 78,408,00 at the market price of January 21, 2013 from the victim and acquired it by deception.
(c) fraud on June 30, 2018.