사기등
A defendant shall be punished by imprisonment for not less than two years and six months.
15,000,000 won shall be additionally collected from the defendant.
Punishment of the crime
[2012 Highest 6752]
1. At around 11:00 on April 6, 2005, the Defendant is planning to build a clothing plant in Jongno-gu Seoul Metropolitan Government D legal Office for the victim E (hereinafter “the victim is planning to operate the clothing business in Vietnam). For the purpose of raising necessary funds, the Defendant purchased forest land in Chungcheongnam-do and seeks to obtain a loan as security, and the down payment is currently insufficient. When the Defendant borrowed KRW 300 million, the Defendant will receive a loan from the bank within 10 days after the purchase of the land and receive a loan from the bank to add KRW 500 million in addition to the principal amount. Since the Republic of Korea is the branch of the bank, the Plaintiff already talks that the real estate appraisal company will provide a loan to up to 120% of the real estate appraisal company, and this is not clear.”
However, at the time of fact, the Defendant did not purchase forest land and planned to use the money received from the said victim to repay personal debt, but merely planned to use the money received from the said victim to repay his/her personal debt. Since the financial situation, such as the failure of business and the debt amount to KRW 245 million, etc. was extremely bad, even if he/she borrowed the above money from the said victim, there was no intention or ability to repay the money in the same manner as the said agreement.
The defendant, in other words, obtained 100 million won cashier's checks from the above victim to receive 300 million won from the above victim for borrowed money.
[2013 Highest 620]
2. On October 2008, the Defendant stated that “in the vicinity of the Gangnam-gu Seoul Seocho-gu Seocho-gu Seoul Seocho-dong bus terminal, the Defendant would make a foreign capital inducement contract in Hong Kong,” and that “in the case of the victim F, the Defendant would have made a foreign capital inducement contract in Hong Kong. The Defendant would have to raise KRW 30 billion necessary to carry out a special tree and establishment project in the Sungnam-nam Busan-si Busan-si Busan-si Busan-si Busan-si bus Terminal: Provided, That the Defendant would have invested KRW 400 million with the inducement fee and KRW
However, the defendant did not have entered into a foreign capital inducement contract at the time.