특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant, as an actual operator of H Co., Ltd. that sells cosmetics to foreign tourists (hereinafter “H”), was placed in bad credit standing from around 2005.
1. Around June 2013, the Defendant: (a) established H with another person’s funds; (b) around June 1, 2013, the first half of the year sales amount of the said company was equal to KRW 1.30 billion; (c) however, the travel company’s fees were equal to KRW 60-70%; (d) the cost was average; (e) monthly fixed costs, such as wages store rents; (e) the amount of financing was equal to KRW 5.9 million per month; and (e) the amount of personal debt interest expenses was deducted; (e) the accumulated liabilities amounted to KRW 1.5 billion on June 19, 201, KRW 2.8 billion per month; and (e) the Defendant received KRW 1.06 billion from the K-cafeteria’s account at around June 17, 2013; and (e) the Defendant received KRW 1.5 billion from the Seoul High School’s account at KRW 200 million per month; and (e) the Defendant received KRW 1.6000 billion from the Seoul branch and its open funds.
However, in fact, the profit structure of the business was difficult to pay in black and was accumulated liabilities that were difficult to cope with, and around November 7, 2012, there was no intention or ability to pay the above borrowed money because it had already been transferred to the lessor L of Seoul Branch with a claim of KRW 400 million against the defendant of the Seoul Branch in the amount of the lease deposit.
Accordingly, the defendant deceptioned the victim K and acquired 145 million won by deceiving the victim K.
B. On November 28, 2013, the Defendant stated to K as follows: “Around November 28, 2013, the Defendant would pay interest at 12% per annum if the leased deposit in the location of the H’s financial institution is in excess of KRW 700 million and the store’s three places are in mind with a profound amount of KRW 500 million and KRW 200 million is lent for six months.”