사기
A defendant shall be punished by imprisonment for one year.
Of the facts charged in the instant case, the Defendant is not guilty of fraud on January 20, 2012.
Punishment of the crime
The defendant is a representative director of C corporation with the main purpose of game, shopping mall, electronic commerce transaction, etc.
1. On April 2008, the Defendant made a false statement to the victim E at the office in Ansan-si Office Co., Ltd., 1402 of the former D Building No. 1402, stating that “If the business fund is deficient, if the business fund is loaned money, the Defendant would have a few0 times of profit and make a repayment of the borrowed money.”
However, in fact, C was unable to operate the company any longer because of poor business performance and deduction of monthly salary, expenses, taxes, etc. of employees. The Defendant had no intent or ability to pay such amount even if he borrowed money from the victim, such as having already been invested in F, G, H, etc. with bad credit standing but did not return such investment amount.
As such, the Defendant, by deceiving the victim as such, got the victim to take over money from the corporate bank account in the name of G on April 14, 2008, 20 million won, 30 million won on May 15, 2008, and 57 million won on May 16, 2008. < Amended by Act No. 8857, May 16, 2008>
2. On September 201, the Defendant: (a) concluded that “A victim E would not repay the borrowed money because it is difficult to operate theC; (b) thereby establishing a legal entity under the name of the victim to repay the borrowed money; and (c) established I under the name of the victim; and (d) made a false statement to the victim that “I would lend the borrowed money to the victim with credit card loans that would be urgently needed.”
However, the Defendant, as above, did not have any property, and the Defendant did not have any intent or ability to repay the money borrowed from the victim by operating I even if I was established in the victim’s name because he did not have any property with bad credit and was only liable to the investors as above.
The defendant deceivings the victim and is under his control.