특정경제범죄가중처벌등에관한법률위반(사기)
A defendant shall be punished by imprisonment for six years.
Of the facts charged in the instant case, the invalidation of indication in the line of duty, H, I, J.
Punishment of the crime
To the extent that there is no disadvantage to the defendant's defense, the facts charged shall be revised as above.
"2014 Gohap 963"
1. On September 24, 2009, the Defendant: (a) at N Masters, Inc. located in the Gangnam-gu Seoul MM building, the Defendant: (b) “The Defendant is doing this import masters business; (c) the Plaintiff P Co., Ltd. (the trade name was changed several times thereafter; and (d) as of February 24, 2016, the trade name was changed.”
When acquiring a P (hereinafter referred to as "P") it is intended to create a level of 10 billion to 30 billion won in connection with the fund, 40% of the profits will be provided.
On the other hand, there was a false statement stating that the lending of money for the purchase of a prestigious product would be made by selling the prestigious product.
However, the defendant did not have the intent or ability to pay the principal and interest or to pay the profit by operating a prestigious store or by creating the money in connection with the prestigious commodities with the fund.
Nevertheless, on September 25, 2009, the Defendant, by deceiving the victim as such, received KRW 40 million from the victim, to the passbook in the name of the Defendant, who was the child of the Defendant, on September 25, 2009, and received KRW 640,3250,000 from the victim, in total nine times from that time until December 17, 2009, as shown in the List of Attached Crimes (1).
Accordingly, the defendant was given property by deceiving the victim.
"2015 Gohap 1197"
2. In around September 20, 2009, the Defendant: (a) around September 20, 2009, at a master store located in Gangnam-gu Seoul, the Defendant paid KRW 200 million or more after the date of lending KRW 100 million to the victim T, “ soon open a master store; (b) bank, shoes, and clothing imported from a foreign country arrived at the Busan customs office, but no money was found.
“A false representation was made.”
However, in fact, the defendant did not have a registered article in Busan Customs Office, and since the debts exceed one billion won at the time, the defendant's intent or ability to repay the above money even if he borrowed the money from the injured party.