특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for not less than four years and six months.
Of the facts charged in the instant case, the violation of the Labor Standards Act concerning the Victim K.
Punishment of the crime
[2013Gohap269] The defendant is the representative director of L corporation.
1. Fraud;
A. On September 14, 2010, the Defendant told M to take charge of funding and cooking construction work and to obtain money from the victim N for the purchase of marina site and the operation expenses of the company. On September 14, 2010, the Defendant made M to the said victim’s phone call, and made M to the said victim “I will receive money for investment within one week if I borrowed 200,000 won.”
However, the defendant did not have any intention or ability to pay the above amount to the above victim while using the money for land purchase, etc. even if he received the investment money at the time.
The Defendant received KRW 2,00,000 from the above victim, i.e., the transfer from the above victim to the agricultural bank account under the name of L corporation, and received a total of KRW 35,00,000 in seven occasions in the same manner as indicated in the attached Table of Crimes List (1) and received one copy of promissory note with face value of KRW 52,500,000 in face value.
Accordingly, the defendant was given property by deceiving the above victim.
B. On November 05, 2010, the Defendant, by making K in charge of external business in the above L, made it false to the said L to the effect that “A contract deposit is insufficient to have K take over the Rina in Q buildings in the L office located in the Gwangju Mine, Inc., Ltd., which is located in Q buildings 203 in the Gwangju Mine-gu, and to pay KRW 100 million by adding the interest rate of KRW 50 million after the two months to the profits.”
However, there was no intention or ability to repay even if the above money was borrowed under the pretext of the down payment because the defendant could not accept the above down payment.
The Defendant received KRW 50 million from the above victim, namely, from L corporation to L corporation account.
This is the defendant.