사기
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who operates D Co., Ltd. in the second floor of Pakistan-si.
1. On May 2017, the Defendant called the victim E by phone at the above D office, and called, “The amount of 24 million won upon importation of the Mamajeng and Dokdong,” and called, “The amount of KRW 50 million plus interest KRW 10 million,000,000,000,000,000,000,000 won, and KRW 64 million,00,000.”
However, in fact, the Defendant, at the time, bears the obligation equivalent to KRW 150 million, and pays interest equivalent to KRW 3 million each month, and shall pay F with the revenue of KRW 56 million in the status of investment, and there was no intention or ability to pay KRW 64 million even if the Defendant borrowed money from E in the status of investment of KRW 56 million.
As a result, the Defendant received KRW 9 million in cash from H office at the law firm H office in Gyeyang-gu, Youngdong-gu around May 11, 2017 from E, and received KRW 250,000 in Chinese money from the J account designated by the Defendant through G around May 12, 2017, and acquired a total of KRW 49,90,000 in Chinese money from the transfer of KRW 250,000 in Chinese money to the account designated by the Defendant through G around May 12, 2017.
2. On May 10, 2017, the Defendant stated that “The Defendant would make profits from KRW 30 million,000,000,000,000,000 from Dorain, China, in Korea, and excludes expenses, the Defendant would make profits from KRW 24,00,000,000,000,000,000,000,000,000,000,000,000,000,00
However, the Defendant, at the time, bears the obligation equivalent to KRW 150 million and pays interest equivalent to KRW 300,000 per month. The Defendant, while importing the above Dorain, received a loan of KRW 49,90,000 from E. The amount of the investment is considered to be used for private purposes, such as repayment of the loan, and thus, there was no intention or ability to return the principal and pay KRW 12,000,000,000,000,000,000 from the above F.
Accordingly, the defendant is from the above F.