사기등
A defendant shall be punished by imprisonment for not less than one year and six 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
[2016 Highest 876]
1. On March 15, 2010, the Defendant against the victim C (name after the opening of the name: D) reported the advertisement posted by the Defendant under the title “the load of automobile-related export business” at the intersection of the living information area where the Defendant used to contact with the victim C, which read “the load of automobile-related export business”. If the Defendant borrowed KRW 20 million, the Defendant provided all know-how related to the automobile export business and paid the loan after one year.
“A false representation was made.”
However, the Defendant had already borne the amount of KRW 100 million incurred from the failure of his own business, and the automobile export business operated at the time was also prevented from returning so-called, such as paying the existing debt by receiving almost new investments due to business difficulties, and the Defendant did not have any other property under the name of the Defendant. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to change it.
However, around March 30, 2010, Defendant 1 received the total sum of KRW 51,80,000 from the injured person, as shown above, in total, six times from the injured person, as shown in attached Table 1 (1) to April 11, 2010, from the time when he received transfer of KRW 20,000 from the injured person to the Nong Bank account in the name of the Defendant.
2. The Defendant against the victim E, on March 19, 2010, reported the advertisement posted by the Defendant under the title “automobile-related export business sub-sections” at the “road-related export business sub-sections,” and provided all know-hows related to the vehicle export business if he/she loans KRW 20 million to the victim E, and repaid the borrowed money after two years.
“A false representation was made.”
However, the defendant has already borne the amount of KRW 100 million due to the failure of his own business, and at the time.