사기
Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
[criminal history] On January 12, 2016, the Defendant was sentenced to one year of imprisonment and three years of suspended execution at the Busan District Court on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles). The judgment became final and conclusive on January 20, 2016 and is currently under suspended execution.
[Criminal facts]
1. On June 25, 2016, the criminal defendant against the victim C made a false statement to the victim C by stating that he/she will pay 30 million won per 1.2 million won per day including interest and principal, if he/she lends 30 million won to the victim C in the EDa located in the Northern-gu, Busan Metropolitan City.
In fact, the defendant did not have a certain amount of income at the time, and he did not have an intention or ability to pay the borrowed money together with the interest of the victim because there was no particular property or income.
In other words, the Defendant had been granted KRW 10,000,000 to the Agricultural Cooperative Account (F) in the name of the Defendant, by deceiving the victim as above, and being given KRW 20,000,000 to the victim’s account in the name of the Defendant.
2. On August 2016, when the Defendant borrowed money to the Defendant as stated in paragraph 1, the Defendant: “Around August 2016, the Defendant: (a) borrowed money from the Defendant, and (b) he borrowed money from H, that he/she would lend money to the Defendant; (c) he/she would repay the money with the Defendant’s obligation in front; and (d) requested the Defendant to lend the Defendant’s horses to the Defendant-friendly job offering G and to lend KRW 10 million in lieu of the Defendant’s horses; and (e) the said G was able to see the Defendant only.
On August 2, 2016, the Defendant made a false statement that “The Defendant borrowed money from the victim G to Ha who borrowed KRW 10 million from Ha, and that he/she will repay 40 million to Ha, along with his/her obligations to Ha, from Ha to Ha.”
In fact, the defendant did not have any particular income at the time, and the obligation has been accumulated, such as paragraph 1.