사기등
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant pays 50,000,000 won to C who is an applicant for compensation.
Punishment of the crime
around April 2016, the Defendant, as a construction business entity, concluded an agreement with the victim I to operate H located in G on April 1, 2016 to newly construct money for the said livestock industry. On or around the 18th of the same month, when the amount of KRW 1.1 billion was deposited in the Defendant’s account, the Defendant transferred the money to the account in the name of the victim to the account in the name of the victim, and transferred the money to the account in the name of the Defendant again to pay the construction cost, and the Defendant agreed to pay the amount of KRW 80 million in total labor cost as the site manager in installments in accordance with the fair rate.
1. On May 9, 2016, the Defendant made a false statement to the victim I stating that “In order to obtain a loan for a new capital market, the Defendant shall pay rebates expenses to the owner of the loan. There are three persons who arrange for the loan. There shall be three persons, one person shall grant rebates expenses at an annual rate of KRW 20 million, and the person who arranged for the loan is required to contact with the person who arranged for the loan, and thus, a KRW 15 million shall be required.” On May 9, 2016, the Defendant withdrawn KRW 75 million out of KRW 33 million of the funds for the first facility that was remitted by the JJ and used for personal purposes.”
However, in the process of applying for facility funds, the loan broker did not receive any subsidy from the loan broker, and the loan broker did not have any intention from the beginning.
Accordingly, the defendant deceivings the victim as above, thereby deceiving 75 million won.
2. On July 6, 2016, the Defendant embezzled the remainder of the amount obtained by deducting the lowest amount of KRW 50 million out of the 2nd facility funds remitted from the J Association on July 6, 2016 from the Defendant, by remitting to the victim only the victim the remainder of the amount obtained by deducting the lowest amount of KRW 50 million out of the total amount of KRW 440 million from the 2nd facility funds remitted from the J Association.
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