사기
The punishment of the accused shall be four months by imprisonment.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On August 7, 2017, the Defendant: (a) around 13:00 on August 7, 2017, at the office of the Dispute Resolution Co., Ltd., located in the third floor of the building B in Ulsan-gun, Ulsan-gun, the Defendant borrowed KRW 20,000,000,000 from the victim D to the effect that “Around August 7, 2017, the Defendant would offer as security the claim for the lease deposit amount of KRW 100,000,000,000,000,000,000,000,000.” (F) The Defendant presented to the victim a lease agreement (a lessor) with a deposit of KRW 100,000,000.
However, in fact, the Defendant, while running a travel business at the time, failed to pay the ticket price, accommodation expenses, etc., and the lease contract presented by the Defendant to the victim was falsely prepared by the Defendant and F, and the actual deposit of the lease contract entered into between the Defendant and F is limited to KRW 10 million. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to provide a security to repay or promise it within the due date.
As above, the Defendant, by deceiving the victim as above, received KRW 10 million from the Agricultural Cooperative Account in the name of C on the same day as the loan money from the victim, and received KRW 10 million from the victim on the same month.
8. The above C office received a total of KRW 20 million by 10 million in cash.
2. On August 31, 2017, at the above C office around August 26, 2017, the defrauded made a false statement to the effect that “Around August 26, 2017, the Defendant borrowed KRW 40 million to the victim for the settlement of the price of the customer ticket for 10 months. The Defendant received the time deposit, and repaid the amount of KRW 10 million over four occasions from December 8, 2017 to August 31, 2018, and provided EM with the claim for the deposit of KRW 100 million.”
However, the defendant has failed to meet the financial situation like the statement in Paragraph 1, and since the amount of the lease deposit held by the defendant in relation to EM is not more than KRW 10 million, it shall be due even if he borrows money from the victim.