사기
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, 50,000 won shall be one day.
Punishment of the crime
On June 17, 2010, the Defendant was sentenced to a suspended sentence of 8 months in the Seoul Northern District Court, which was sentenced to 2 years of imprisonment for fraud, and the said judgment became final and conclusive on June 25, 2010.
At the time of borrowing money from the victim C, the Defendant did not have any property other than KRW 70,00,000,000 from the victim for the purpose of operating the head office. Around July 17, 2009, the Defendant was unable to fully repay the amount of KRW 12,00,000,000 from the victim. From April 2009, the Defendant failed to pay the rent or the wages of employees due to the failure to properly operate the head office. Around August 30, 2009, the violation of the Juvenile Protection Act was in excess of the obligation that was unable to operate the head office any longer for three months due to the violation of the Juvenile Protection Act. Therefore, even if the Defendant borrowed money from the victim, there was no intent or ability to pay the said money.
1. On September 30, 2009, the Defendant made a false call to the victim at “E” head office operated by himself in front of Seoul Special Metropolitan City, Nowon-gu, the Defendant called “E” head office and “on the other hand, there is no money for the employees working at the E head office to deliver a monthly class, and if the Defendant borrowed KRW 5 million, the Defendant would first lend the amount of KRW 12 million and make a lump sum repayment.”
However, in fact, since the above exceeds the debt, there was no intention or ability to repay the debt even if it was borrowed money.
As above, the Defendant deceivings the victim and received 5 million won from the victim, i.e., a new bank passbook (Account NumberF) in the name of the Defendant, under the name of the victim.
2. On May 12, 2010, the Defendant made a false statement to the victim at H’s office located in Dobong-gu Seoul Metropolitan Government, stating that “The Defendant borrowed money from H to make a contract on the restaurant at the construction site at Seoyang-si, Nam-gu, Seoul, and the funds are insufficient to operate the restaurant, and the Defendant borrowed money from H without compensation.”
However, there was no intention or ability to repay money even if it was borrowed.