특정경제범죄가중처벌등에관한법률위반(사기)등
The defendant shall be punished by imprisonment with prison labor for three years and imprisonment with prison labor for the fourth crime as stated in the judgment of the court.
Punishment of the crime
[Criminal Power] On April 15, 2011, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. at the Jung-gu District Court on April 15, 201, and the execution of the sentence was terminated upon the final judgment on October 13, 2011.
(The date of release before the judgment becomes final and conclusive, August 21, 201) / [Criminal Facts / [2013 Gohap 130]
1. Around April 3, 2012, the Defendant against the victim D made a false statement that “F” from the upper point of “F” operated by the victim D in Goyang-si E, Goyang-si to the effect that “If an investment is made in real estate and juristic person, it would give 20% interest after making an investment in real estate if an investment is made in the amount of KRW 20 million, the Defendant would give 10% interest after investing in real estate.”
However, even if the defendant receives investment money from the victim, he did not think that he will invest the money in the real estate corporation or to use it for the purchase of the land, but he thought that he would repay his debt to other creditors. Since he did not have any specific property, he did not have any intention or ability to return the proceeds and principal even
On the same day, the Defendant received 20 million won from a national bank account (Account Number: H) in the name of G for investment, from the victim, from around October 17, 2012, in total, 97.5 million won, from that time, from October 17, 2012, as shown in the list of crimes in the annexed list of crimes.
Accordingly, the defendant was given property by deceiving the victim.
"2013 Gohap233"
2. Around September 20, 2012, the Defendant against the victim I and J made a false statement to the effect that “A victim I made an investment in money to B by investing in alcohol or clothing card tin, etc., if he/she invests money to B” from the introduction of K that has invested in the restaurant located in Jung-gu Seoul, Jung-gu, Seoul.
However, in fact, the defendant received investment money from the victim and did not think that he would invest in card-based tin, etc., and rather, he thought that he would pay the defendant's debt to other creditors.