사기
A defendant shall be punished by imprisonment for not less than one year and six months.
Punishment of the crime
1. Around July 27, 2012, the Defendant purchased a Fworkst-top car in the name of “D” located under the “D” located under the building C of the Dong-gu Incheon Metropolitan City building B, and entered into a loan agreement of KRW 17 million with the victim G Co., Ltd. by offering the said car as security and concluding a contract for KRW 17 million.
However, at the time, the Defendant: (a) received a “work loan” under the name of E from the beginning; and (b) planned to dispose of and commercialized the said rocketing car, which was offered as security; and (c) there was no special property and income in the name of the Defendant; and (d) there was no intent or ability to repay the principal and interest even if the Defendant received a loan from
As such, the Defendant, by deceiving the victim company, received KRW 17 million from the victim company through the H bank account (I) in the name of E.
2. On January 14, 2016, the Defendant stated that “The Defendant would purchase the Victim K with the amount of KRW 300,000,000 in the L apartment M at the southyang-si, the Gyeonggi-si, J., Nam-si, the Republic of Korea: (a) around January 14, 2016, the Defendant would make a false statement that “The Defendant would settle all the outstanding loans related to the said real estate, including repayment of KRW 200,000,000,000, and the amount of debt of KRW 60,000,000,000, and the payment of the balance.”
However, in fact, the Defendant did not have any particular property at the time, and even if the Defendant transferred the ownership of the above real estate from the victim and borrowed the real estate as collateral, it was thought that he would consume the real estate as an individual repayment, personal business expenses, etc., and thus there was no intention or ability to resolve the amount of KRW 260,000,00
As above, the Defendant, by deceiving the victim, was transferred the ownership of the said real estate amounting to KRW 295,640,000 at the market price on January 15, 2016.
In this respect, the defendant deceivings the victim to take property.