사기
A defendant shall be punished by imprisonment for not less than two months.
Punishment of the crime
D The Defendant, the representative director of the farming association corporation, was planning the so-called “E” business in order from around 2010 to the end of 2012, and was actually failed to operate the business due to the lack of funds. However, the Defendant had no particular profits in the case of the mushroom growing farm operated by the Defendant, and the Plaintiff had no choice but to suspend the operation of the farm because all of the deposit money for the lease of the farm building was deducted.
In addition, since members of the above corporation did not have paid directly in kind or money invested at the time of its establishment, it did not have any asset owned by the above corporation except for the west-west land in which the right to collateral security, etc., the maximum amount of 300 million won exceeds the market price of the land was already established, and there was no sufficient human and physical facilities for providing mushroom cultivation education, counseling, technology, and business information. Since the defendant did not have any asset management structure owned by the defendant, even if the defendant entered into a contract with the others for consulting with the others for mushroom growing, the defendant did not have any intent or ability to provide the preparation for business start-up, counseling, education, technology, facilities, etc. necessary to engage in mushroom growing business, and did not have any intent
Nevertheless, around March 7, 2013, the Defendant stated that “H” operated by the Victim G in the Seocheon-gun F of Chungcheongnam-gun, Chungcheongnam-gun, the Defendant provided the Victim G and the Victim I with the payment of KRW 5 million and monthly membership fees of KRW 200,000,000 in addition to the overall consultation for growing mushroom in the above corporation operated by the Defendant, the Defendant provided business information, facilities, technology, and market, and provided specialized education, and returned the said deposit at the time of the withdrawal of the association members.
After deceiving the victims, the Defendant received KRW 5.2 million from the victim G on the same day, and KRW 5.2 million from the victim I on March 8, 2013, respectively.
(i) the evidence;