사기
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
1. On January 12, 2018, the Defendant made a false statement to the effect that “If he/she lends money to the victim C in the name of the purchase price of the vehicle involved in an accident, he/she shall receive and repair the vehicle with the funds borrowed, and then, he/she shall first repay the amount borrowed from the sales price of the vehicle that he/she received after the repair, and the proceeds excluding the repair cost shall be divided into 7:3 percentage.”
However, in fact, the Defendant operated B at the time, and failed to pay the monthly salary of the employees at the time, and even if he/she borrowed money from the victim while he/she was in arrears with taxes, he/she had expressed his/her intent to use the said money for employees’ pay and personal use. The Defendant did not have any intent or ability to pay the purchase price of the borrowed vehicle in accordance with the agreed terms and conditions and to pay the profits other than the repair cost normally.
Nevertheless, the Defendant, by deceiving the victim as above, was transferred from the victim on January 12, 2018, KRW 10 million on January 16, 2018, KRW 18 million on the 16th of the same month, KRW 10 million on the 18th of the same month, and KRW 36 million on the 26th of the same month to the E Association account in the name of D designated by the Defendant.
2. On March 2018, the Defendant, at the “G” coffee shop located in Gangseo-gu Seoul Metropolitan Government, concluded that “a factory site is leased KRW 50,000,000 to the victim by obtaining a license, such as where the factory is not permitted.” Accordingly, the Defendant made a false statement to the effect that “A vehicle will be repaid KRW 36,00,000 and KRW 50,000,000,000,000 for the successful bid price borrowed before 20 days.”
However, the facts are ten days in a situation in which the defendant is economically difficult, such as the statement in paragraph (1).