사기등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On October 21, 2009, the fraud Defendant made a false statement to the victim D that “a fund is required to import electronic parts from one day at the coffee shop in Mapo-gu Seoul Metropolitan Government. I would make a payment after one month from the loan of money. I would pay 30% of the operating profit.”
However, the Defendant was in excess of debt and bad credit standing at the time of fact, and even if the Defendant borrowed business funds from the victims due to the circumstances in which many creditors are urged to repay, there was no intent to use them for importing the electronic components, and there was no intention or ability to repay the borrowed funds to the victims.
Nevertheless, the Defendant deceiving the victim as above and delivered 30 million won by cashier’s checks from the victim’s seat to the cashier’s checks. On November 24, 2009, the Defendant continued to require the victim to additionally submit electronic parts in Japan to the victim on and after November 24, 2009, issued checks and cash KRW 16 million by the victim’s account in E’s name. On February 5, 2010, the Defendant received KRW 10 million by cashier’s checks from the victim.
Accordingly, the defendant deceivings the complainant and received a total of KRW 19 million over three occasions.
2. On March 2010, the Defendant forged a public document, counterfeited a securities, or forged a private document, upon receiving a request from the above D to “I see whether I will engage in a commercial paper with the company at a fixed time.” In so doing, I would like to forge the relevant document in order to have the said D known.
In March 2010, the Defendant: (a) printed out the check of the number of units acquired by searching “securities sampling” at the NAV search site; and (b) written on November 24, 2009, “Won 205,000,000 in the issue date column”; and (c) written on January 11, 2010, “F apartment 315,802 in the Defendant’s house at the time of payment column.”