사기등
A person shall be punished by imprisonment with prison labor for not less than four months, and a person who commits the crimes of Articles 2 through 15 of the Judgment with prison labor for each of four years.
Punishment of the crime
[criminal power] On April 18, 2003, the defendant was sentenced to imprisonment for three years and six months for fraud, etc., and a fine of one million won in the same court on August 11, 2004, respectively. On August 23, 2005, the execution of the above punishment was terminated. On September 9, 2008, the court sentenced one year of imprisonment for fraud to the same court on December 24, 2008, and the judgment became final and conclusive on July 17, 2009, and completed the execution of the above punishment.
【Criminal Facts】
[2015 Highest 301]
1. Around March 2008, the criminal defendant against the victim C made a false statement to the victim C to the effect that “The victim C may know well about the E-site warden located in Yongsan-gu Seoul Metropolitan City, and may operate the said E-site restaurant. In order to operate the brin restaurant, the defendant would give KRW 70 million to E, a contractor, such as the premium for the operating right and personnel expenses, etc., and if I give money, I would have the right to operate the brin restaurant by talking well with the head of the E site office.”
However, the defendant did not know of the E site site, and did not have any authority over the right to operate the restaurant at the construction site, and he did not have any intent or ability to obtain the right to operate the restaurant even if he did not receive money from the victim due to economic difficulties at the time, and even if he received money from the victim, he did not have any intention or ability to obtain the right to operate the restaurant.
Nevertheless, the Defendant, as such, by deceiving the victim, received a total of KRW 50 million from March 17, 2008 to receive KRW 14 million on or around March 7, 2008, and KRW 15 million on or around March 10, 2008, respectively, under the pretext of personnel expenses, etc. for the operation of the mar restaurant.
2. The Defendant against the victim F may, on November 2, 2009, be granted the victim FF the right to act as an agent for selling unsold apartment units in Gangwon-do, by posting a telephone to the victim F.