사기등
A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 5,00,000 won.
When the defendant does not pay the above fine.
Punishment of the crime
【Criminal Power】 On October 17, 2013, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for fraud, etc. at the Jeju District Court on August 25, 2013, and the judgment became final and conclusive on October 25, 2013.
【Criminal Facts】 On May 28, 2013, the Defendant 2014Hun-Ma520 decided to set up a right to collateral security with the maximum debt amounting to KRW 40 million against C in relation to the debt amount equivalent to KRW 40 million against C, which is a real estate under the name of the Defendant’s birth D, KRW 50 million in Jeju apartment 303, which is a real estate under the Defendant’s birth.
On July 2013, the Defendant made a false statement to the effect that the Defendant would obtain a loan from a financial institution as collateral to the victim F (33 years of age) of the victim, such as “H point 1” of G, “H point 2” of J in Jeju, “H point 2” of K in Jeju, and “H point 3” of K in Jeju Island as collateral only to C, the Defendant would make a false statement to the effect that the Defendant would terminate the right to collateral security established on the above apartment, terminate the right to collateral security established on the apartment, and provide the victim with the degree of KRW 30 million,00,000,000 to the victim.
However, the fact was already notified from Hyundai Capital that it is impossible to lend KRW 120 million, and even if the above apartment house was loaned from other financial institutions as collateral, the victim would offer the loan as collateral because it was thought that it would be used by the defendant mixed with the above apartment house.
Even if there was no intention or ability to settle the debt against C or to lend the loan to the victim.
Around July 29, 2013, the Defendant: (a) by deceiving the victim and having the victim enter into a sales contract of KRW 60 million with C to the effect that, “If the Defendant fails to pay KRW 40 million to C by August 9, 2013, the Defendant would exceed the said three business places (security deposit and premium) operated by the victim,” in order to terminate the collateral security established in the said apartment complex of the Defendant, the Defendant would make the said three business places.