사기
A defendant shall be punished by imprisonment for one year.
except that 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
1. The Defendant against the victim C, within the E office located in Seocho-gu Seoul Metropolitan Government, on January 20, 2010, up to 2010, the Defendant prepared for the implementation of the construction of the biotechnology factory in Indonesia through F, with the knowledge of Pyeongtaek, there is insufficient operating expenses. On the face of the loan of KRW 20 million, the Defendant returned to the victim C with two copies of interest per month within one month. On the security, G apartment G 101, 301, 102, 401, 105, 302, 302, 105, 401, 105, 401, 107, 202, 110, 302, 102, 105, 105, 401, 107, 202, 110, 3026.
However, at the time, the Defendant was a bad credit holder, the Indonesia did not have any own capital in promoting the Indonesia project, and there was no other ability to implement the project, such as the invitation of investors and the local business in Indonesia.
In addition, since around 2007, the right to sell an apartment that the Defendant intended to provide was already known to the fact that there was little security value because there was a situation in which the contractor, the investment trust company, the possessor, the lien holder, etc. are asserting the rights between each other and various lawsuits are under way.
As such, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it, and there was no intention or ability to provide legitimate security.
Nevertheless, the Defendant received 20 million won from the victim’s account in the name of H, the wife of the Defendant on the same day.
2. On March 14, 2011, the criminal defendant against the victim I told the victim that "in the office of the K company operated by the victim I of the victim I on the third floor of the YJ of the Gunsan City, the victim purchased the above apartment unit 105 Dong-dong 302 (38 square)."
However, the defendant was in a bad credit condition as above, and the above C was above.