특정경제범죄가중처벌등에관한법률위반(사기)
A defendant shall be punished by imprisonment for nine months.
An applicant for compensation shall be dismissed.
Punishment of the crime
[criminal records] On January 21, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud at the Seoul Western District Court for ten months, ② on May 11, 2016, the Seoul Western District Court for eight months, respectively. On September 8, 2016, the Defendant was concurrently sentenced to imprisonment with prison labor for one year and three months at the Seoul Western District Court for one year and three months. On November 24, 2016, the Defendant’s appeal was dismissed, and the imprisonment with prison labor for one year and three months became final and conclusive.
[Criminal facts]
1. The Defendant around May 2015, at the residence of the Defendant in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, the Defendant play play for the number of days to the employees, etc. of entertainment establishments in order for his/her husband and wife to drink at the entertainment establishments in Gangnam-gu.
B. When giving money to B, it is intended to pay a large amount of interest by allowing his/her father/child to play for the number of days with the money.
“Along with the purport that “” was false, and that he was remitted KRW 1,982,720,000 from the victim on May 12, 2015, as well as from around that time to November 14, 2015, the total amount of KRW 1,982,720,000 was remitted over 366 times as shown in attached Table 1.
In fact, even if the Defendant received money from the injured party, he did not have an intention or ability to lend it again to another person as high as the basis for the lending of money, and to repay the principal and interest promised to the injured party with the benefit accrued therefrom.
On the other hand, the defendant deceivings the victim and received 1,982,720,00 won from the damaged person and acquired it by money.
2. On August 1, 2015, the Defendant: (a) at the same place as the foregoing paragraph 1; and (b) at the victim’s place, “If a credit card of a party is lent to the victim, he/she shall pay the amount.”
“Along with the purport of the foregoing, “Along with the payment of KRW 71,00,00 on August 1, 2015 with his/her credit card received from the injured party,” the payment was made from around that time to November 5, 2015, and the payment or cash service was received as shown in attached Table 2 as of November 5, 2015.