특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for five years.
Punishment of the crime
1. Around September 11, 2012, the Defendant committed the crime against the victim C made a false statement to the effect that “The Defendant would immediately repay the victim with the interest, if he/she lends money to the victim, in the “E Official Brokerage Office” where the Defendant works for the Defendant in Gangnam-gu Seoul Metropolitan Government (E).
However, in fact, the Defendant had no intention or ability to repay the debt related to the investment of real estate at the time, because the Defendant was forced to lend money from others, including the victim, in the form of a prompt return of the debt up to three billion won, to repay the existing debt, even if he borrowed money from the damaged person.
As such, the Defendant, by deceiving the victim, received KRW 20 million from the victim to the national bank account under the name of the Defendant on September 11, 2012 as the borrowed money, and received KRW 3,019,240,000 from that time to July 10, 2014 as the borrowed money on 73 occasions as shown in the list of crimes in the attached Table, and acquired it by deceiving the victim to the national bank account under the name of the Defendant or one bank account under the name of the Defendant’s father’s father.
2. On February 19, 2014, the Defendant committing the crime against the Victim G is obliged to pay the victim the interest of 24 percent per annum if he/she lends the victim KRW 10 million to the victim at the “H” restaurant operated by the injured party in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, with the interest of 24 percent per annum until August 30, 2014.
“The purpose of “ was to make a false statement.”
However, due to the circumstances such as Paragraph 1, the defendant did not have an intention or ability to repay even if he/she borrowed money from the injured party because he/she repaid his/her existing debt in the form to prevent the return of the debt.
On February 19, 2014, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the national bank account under the name of the Defendant, as the borrowed money, and acquired it by deceiving the victim.
3. The Defendant committed a crime against the victim I in Gangnam-gu Seoul, Gangnam-gu, Seoul around April 18, 2014.