특정경제범죄가중처벌등에관한법률위반(사기)
A defendant shall be punished by imprisonment for not less than two years and six months.
Punishment of the crime
On September 2009, the Defendant borrowed money from the victim D, which is the omission of B, for the purpose of establishing and operating the so-called processing plant, and acquired it by fraud.
1. On September 2009, the Defendant found in the F station of F station in the operation of the victim E at the time of the mid-to long-term strike, showing a patent certificate to the victim, and made an invention of machinery that has exceeded the string of the inside of the string, and if the Defendant lent KRW 100 million, it would be expected to use it as business funds. The Defendant purchased the site of the factory and offered it as security and completed the factory within the 3th to 4th month, and said that the Defendant would immediately repay the borrowed money.
However, in fact, the Defendant did not have any property or income at the time, and the patent right on the machinery for the removal of the mashion which the Defendant previously claimed was extinguished on September 5, 2001, and at the time, the machinery for the removal of the mashion has not yet been completed, and there was no profitability or profitability as the business for the today's processing and sale was not run, and there was no plan to use the money received from the injured party for personal purposes, such as living expenses, and therefore, there was no intention or ability to repay
As such, the Defendant, as from September 21, 2009 to December 24, 2009, by deceiving the victim, received a total of KRW 100 million from the Defendant’s bank account, etc. under the name of the Defendant, as shown in attached Table 1, from September 21, 2009 to December 24, 2009.
2. On December 30, 2009, the Defendant called the victim at an insular location, and is expected to immediately implement a loan secured by the inside land.
The lending of money referred to as "to repay the loan with the loan."
However, in fact, the Defendant did not have any income at the time and was planned to use the loan for personal purposes such as land purchase price and living expenses, and therefore did not have the intent or ability to repay the loan to the victim.