특정경제범죄가중처벌등에관한법률위반(사기)
A defendant shall be punished by imprisonment for not less than two years and six months.
Punishment of the crime
1. On February 15, 2011, the Defendant made a false statement that “If the instant store is leased KRW 200 million as security, 3% of the monthly interest will be paid and the principal will be repaid three months thereafter” to the victim G who became aware of through F in the “E coffee shop” (hereinafter “instant store”) located in Seocho-gu Seoul Metropolitan Government D building 118 on February 15, 2011.
However, on September 17, 2010, the Defendant received the notice of termination of the lease agreement from H (hereinafter “H”) around that time, and did not have any particular property value for the instant store, such as delayed payment of rent, management fee, etc., and the de facto extinction of KRW 300 million. The Defendant, who borrowed money from the victim as funds for gambling abroad, did not have any intent or ability to repay the borrowed money three months after the promise, even if he borrowed money from the victim.
Nevertheless, the Defendant, by deceiving the victim as above, was delivered KRW 180,000,000 after deducting the interest of KRW 20,000 from the victim as the borrowed money.
2. On March 24, 2011, the Defendant, in relation to defraudation of KRW 400 million, concluded on March 24, 2011 at the Judicial Office in Seocho-gu Seoul, Seocho-gu, Seoul, that “In the case of this case’s store, the premium exceeds KRW 1 billion, and in the case of sexual intercourse, sales of KRW 70 million and KRW 80 million have been made during one month. The Defendant assessed the corporation holding the instant store as KRW 80 million and transferred KRW 75 million of the shares out of the company to KRW 600 million. The Defendant made a false statement to the effect that KRW 200 million was paid for the existing loan, and that if the remaining KRW 400 million was paid for the money, the right to operate the instant store will be transferred.”
However, as stated in the preceding paragraph, the Defendant did not pay rent, management fee, etc. as well as transferred the interest and management right in the instant store to the victim since January 25, 201 because he was in the process of transfer of H and building.