특정경제범죄가중처벌등에관한법률위반(사기)
A defendant shall be punished by imprisonment for two years.
Punishment of the crime
On August 3, 2001, the Defendant was established mainly for textile export and import business of KRW 50,000,000 in capital, and is the representative director of D Co., Ltd (hereinafter “D”) that closed around January 2016.
1. On May 20, 2010, the Defendant shall obtain by deception KRW 150 million in the name of D’s raw materials purchase fund, and on May 20, 2010, the victim F at Jongno-gu Seoul E D office in Jongno-gu Seoul, the Defendant shall pay KRW 150,000 as interest per month on the loan of KRW 150,000 as the raw materials purchase fund for D’s production of goods is required, and the principal shall be repaid until May 20, 201.
“.....”
However, the defendant had no special property at the time, D was in a state of deficit every year due to many debts, and D was thought to use the money borrowed from the injured party as a company's debt repayment or an urgent operating fund, but did not have an intention or ability to repay the principal until the promised date.
The defendant deceivings the victim as above and received 150 million won from the victim's foreign exchange bank account under the above company's name on the same day.
2. On March 25, 2011, the Defendant by fraud of KRW 40 million in the name of D’s emergency company operation funds shall be paid KRW 400,000 as interest per month if he/she loans KRW 40,000 in the above office to the victim, and KRW 40,000 per month if he/she lends KRW 40,000 in the company’s emergency funds. The principal shall be repaid until May 20, 2012
“.....”
However, the defendant did not have an intention or ability to repay the principal until the date when the performance was low and promised.
The phrase “in default of the repayment of the borrowed money under the foregoing provision” in this part of the facts charged is not yet due ( May 20, 201) and thus ex officio deleted and recognized.
The defendant deceivings the victim as above and received 40 million won from the victim's bank account in the name of the above company on the same day.
3. On April 27, 201, the Defendant, who acquired money by deception of KRW 210,000,000, in the name of the cost of producing the domestic goods of D.