사기
A defendant shall be punished by imprisonment for not less than four years and six months.
The defendant shall apply to the applicant C for the compensation of KRW 100,000,000, and the compensation.
Punishment of the crime
The defendant of "2016 Highest 82" around May 6, 2013, the defendant lent "10,000,000 won to the victim's family located in the Gosung-gun of Gangwon-do to pay two copies of this month until the date of change.
“False speech was made to the effect that it was “.”
However, at the time of fact, the Defendant borrowed approximately KRW 130,00,000 from many persons other than the victim at high interest and paid approximately KRW 35,000 per month as interest on the borrowed money. Therefore, even if the Defendant borrowed the money from the victim, the Defendant attempted to use it for the “refiscing” the money, so there was no intention or ability to pay the principal and interest within the above period.
As above, the Defendant: (a) by deceiving the victim; (b) transferred KRW 10,00,000,000 from the victim to the Suhyup account of Defendant’s name; and (c) from around that time to February 25, 2016, the Defendant received the total amount of KRW 1,241,210,000 from the 11 victim in cash or remitted the total amount of KRW 51,241,210,000 from the 111 victim in cash, as shown in attached crime list 1 to February 25, 2016.
[2016 Highest 172] The Defendant called the victim L on April 5, 2013 at a remote area of no higher than the Gangwon-gun of Gangwon-do, and called the victim L, to see whether the Defendant “if he/she sets up money in his/her house, she will start the business.”
I would like to pay interest on two parts per month from the loan of the subject money.
If money is necessary, it shall be made at the end of one month.
The phrase “ makes a false statement.”
However, the Defendant borrowed approximately KRW 1,00,000 from many people in addition to the victim, and paid approximately KRW 35,000,000 per month as interest for the borrowed money. Therefore, even if the Defendant borrowed the money from the victim, it was intended to use it for “the right to return” so even if it was received from the victim, the Defendant is the principal and interest.