사기
A person shall be punished by imprisonment with prison labor for not less than one year and six months, or by imprisonment for not more than four months with prison labor for any of the crimes set forth in the Judgment No. 1, 2, or 5.
Punishment of the crime
On January 6, 2014, the Defendant was sentenced to a two-year suspended sentence due to fraud, etc. at this court, and the judgment becomes final and conclusive on November 15, 2016 of the same year (hereinafter “the judgment”), and on November 23, 2016, this court was sentenced to imprisonment with prison labor for two months and two months (two months of imprisonment with prison labor for each of the crimes committed before the above judgment becomes final and conclusive, and two months of imprisonment with prison labor for each of the crimes committed after the above judgment becomes final and conclusive). On February 9, 2017, the part concerning each of the crimes committed before the final and conclusive judgment becomes final and conclusive (hereinafter in this judgment, referred to as “B judgment”), and the part concerning each crime committed after the final and conclusive judgment becomes final and conclusive (hereinafter “third judgment”). < Amended by Act No. 13788, Jan. 16, 2016>
A. On December 2015, the Defendant would make monthly payments to the Victim F by using the money to operate the pawned Center with “50 million won lent it to the victim F in the singing room located in the Seocho-gu Incheon Metropolitan City, Nam-gu, Incheon, to pay the principal and interest of 25% per annum until the principal and interest are repaid.
“A false statement” was made.
However, even if the defendant borrows money from the damaged party, he did not have the intention or ability to pay the principal and interest to the injured party by using the pawned one.
Nevertheless, the Defendant: (a) by deceiving the victim on December 11 of the same year; and (b) transferred KRW 4 million to the G account under the name of G on the same day; (c) KRW 2.5 million to the H account under the name of H on the same day; (d) KRW 23.5 million to the Defendant’s account on the 14th day of the same month; and (e) KRW 20 million to the Defendant’s account under the name of the Defendant on the 15th day of the same month.
B. On December 18, 2015, the Defendant loaned KRW 150 million to the Victim F, and paid the principal and interest KRW 1,500,000,000 after the two months of the loan to the Victim F.
“A false statement” was made.
However, even if the defendant borrows money from the injured party, he did not have the intention or ability to pay the principal and interest to the injured party.
Nevertheless, the defendant deceivings the victim as above and caused the same day.