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
[2015 Highest 4392]
1. On October 12, 2010, the Defendant against the victim C, in the “E” restaurant located in Namyang-si, Namyang-si, Seoul, would bring profits to the victim C by operating a food supply company if an investment is made.
“ ........”
However, even if the defendant received investment from the damaged party, he only thought that he will use it for personal purposes such as living expenses, and did not have the intention or ability to operate the food supply company.
Nevertheless, the defendant deceivings the victim as above and was delivered KRW 2 million to the injured party on the same day.
Accordingly, the defendant was given property by deceiving the victim.
2. Fraud against victim F;
A. On February 8, 2012, the Defendant: (a) operated three cafeterias (one cafeteria) at the victim F’s house located in Seocho-si G and 202 Dong 909 around February 8, 2012; (b) made an investment of KRW 15 million in the name of any one of the three cafeterias (one cafeteria) in the Chungcheong Industrial Complex; (c) paid 50% of the profits; and (d) guaranteed principal even if any loss is incurred.
“ ........”
However, there is no fact that the Defendant operated an on-site restaurant in the Chungcheongnamsan Industrial Complex, and even if he received money from the injured party, he did not intend to transfer the name of the on-site restaurant to the injured party.
Nevertheless, the defendant deceiving the victim as above and received 2.5 million won from the victim, i.e., the victim, and 8 million won around October of the same year, and 4.5 million won from the victim, respectively.
Accordingly, the defendant was given property by deceiving the victim.
B. On March 31, 2012, the Defendant walked a telephone to the victim at an insular place and settled the game item instead of a game item using a mobile phone small payment system in order to urgently demand money.