특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
From December 26, 2006 to July 28, 2008, the Defendant concluded a project implementation agency contract with H in relation to the Mineyang F Land Readjustment Project (G day land 886,265m2, construction cost equivalent to KRW 63.20 billion). However, the Defendant did not conclude a project implementation agency contract on the wind that does not pay the down payment of KRW 5 billion, which is a condition converting a memorandum of understanding into a regular contract.
As above, the Defendant did not have the ability to establish or implement a viable plan to raise 5 billion won down payment, which is a condition for concluding a contract on behalf of the Defendant, and even if the Defendant borrowed money from the victim I or invested money in order to establish a corporation, it was a situation in which the Defendant would be invested KRW 5 billion from the financial right.
Therefore, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it, he did not conclude a project execution agency contract for the victim, or did not have the intent or ability to realize it.
1. On September 23, 2008, at the victim's office located in Gangseo-gu Seoul Metropolitan Government J building around 14:00, the fraud defendant stated that "on the part of the victim's office in Gangseo-gu Seoul Metropolitan Government, the victim needs to pay KRW 100 million rapidly if he/she takes the right to implement the partnership's project, and if he/she takes the right to implement the partnership's project, 30 million should be paid in accordance with the right to implement the partnership's project." It appears that "10."
24.On-line remittance of 30 million won as borrowed money to the Defendant’s new bank account (K).
On October 22, 2008, the Defendant visited the said victim’s office to make a false statement, and received online remittance of KRW 12 million as the borrowed money to the said new bank passbook.
However, even if the defendant borrowed money, he did not have the intent or ability to repay it as above.
Accordingly, the defendant was given a total of KRW 42 million by deceiving the victim.
2. A defendant who violates the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on September 2008.