사기
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[2019 Highest 1825] In September 2017, the Defendant made a false statement to the victim B, “A loan is made at a high interest rate of Da. D. It is possible to obtain a loan at a low interest rate. If the Defendant borrowed money under the name of the victim, he/she will repay his/her wife’s obligation with the money. When he/she pays his/her obligation, he/she may obtain a loan again in the name of Da within a week. The Defendant may obtain a loan again in the name of Do in his/her own name.” The Defendant made a false statement to the effect that “a loan is made by receiving a loan within one week.”
However, even if the Defendant borrowed money from the victim, he was thought to use part of the money as living expenses, and there was no other occupation, so the Defendant did not have sufficient ability to repay, and the wife was not in a situation where it is possible to lend money in the name of the wife in light of the credit conditions in childcare leave.
Nevertheless, the Defendant, by deceiving the victim as above, received the total sum of KRW 39.23 million from the victim to the F Bank account in the name of the Defendant’s mother, including receiving KRW 5 million from the victim on September 6, 2017, KRW 30 million on September 7, 2017, KRW 2230,000 on September 22, 2017, and KRW 39.2 million on September 18, 2017.
【2020 Highest 457】 The Defendant is a long-term siren broker.
1. On June 13, 2019, the Defendant concluded on June 11, 2019, that “If the Defendant paid the victim H 10 million won per month to KRW 3.98 million per month through the Kakaox, a long-term siren of 130 vehicles can be available if the Defendant paid the 48 months amount to KRW 10 million per month. If the deposit amount is paid to KRW 10 million, the vehicle will be released soon on a lump sum,” and the same year.
6. 13. A false statement was made in Nowon-gu, Seoul Special Metropolitan City, the first floor of I department store, “If advance payment of security deposit is made, the vehicle delivery will be made soon.”
However, in fact, the defendant did not have any intention or ability to use the money as the delivery cost of a siren vehicle, because he was in short of living expenses at the time and was urged to pay debts.
Nevertheless, it is not possible.