사기
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around February 21, 2011, the Defendant made a false statement to the victim D at the office of the C Co., Ltd., the Defendant, located in Siti City B, 523, that “I would complete payment up until April 22, 2011, if I would lend KRW 30 million, because I would need to obtain green certification for the initial facility funds and green certification.”
However, in fact, even if the office and residence rent of the defendant were overduely borrowed money from the victim, there was no intention or ability to refund 30 million won after two months since they were under circumstances to use the overdue rent, etc.
As such, the Defendant, by deceiving the victim and receiving from the victim E, KRW 10 million around February 21, 201, through E, from the victim who belongs thereto, and the same year.
2.2.10 million won has been delivered and the same year.
2. Around 25.25. Around 8 million won, the Defendant exempted the Defendant from the obligation by offsetting the Defendant’s obligation with KRW 2 million, and acquired pecuniary profits equivalent to that amount.
Accordingly, the defendant, by deceiving the victim, acquired the property or acquired the pecuniary profit equivalent to KRW 30 million in total.
2. Around July 2013, the Defendant, at the Gangnam-gu Seoul Metropolitan Government F, made a false statement that “A victim D may acquire green certification repeatedly, and receive the government subsidies, which would be repaid immediately if he/she lends the cost of living, such as kindergarten education, because he/she could obtain green certification.”
However, the defendant was unable to obtain green certification because there was no technology to obtain green certification, so it was impossible for the defendant to receive government subsidies to pay borrowed money from the victim.
As such, the Defendant, by deceiving the victim, received KRW 2 million from the victim, around July 2013, and received KRW 2 million around August 2013.
In this respect, the defendant deceivings the victim to take property.