사기
A person who commits any of the crimes of Articles 1 through 3 in the judgment of the defendant shall be punished by imprisonment with prison labor for not less than two years and by imprisonment with prison labor for not more than six months.
Punishment of the crime
On February 17, 2016, the Defendant was sentenced to a suspended sentence of one year and two months of imprisonment for fraud, etc. at the Suwon District Court on February 17, 2016, and the judgment became final and conclusive on November 2, 2016, and on April 21, 2017, the Suwon District Court sentenced one year of a suspended sentence of six months of imprisonment for fraud, and became final and conclusive on April 29, 2017.
The Defendant is a person who has operated D Co., Ltd. in Suwon-si BC in Suwon-si.
1. Around May 2017, the Defendant: (a) at the foregoing company, the Defendant was unable to conduct the construction project because it was not permitted to build a multi-household house in Pyeongtaek-si; (b) was in excess of national tax 500 million won; and (c) even if the Defendant borrowed money from the victim, despite having no intent or ability to repay the borrowed money within the due date, the Defendant is running the business of constructing multi-household 17 bonds in succession by developing the land of about 4,000 square meters in Pyeongtaek-si; (c) upon obtaining the development permission, the Defendant entered into the construction immediately after obtaining the development permission, a large profit would be the date of entering the construction. The Defendant’s false statement stating that “If the sale in units exceeds KRW 100,000,000,000,000 won and exceeds KRW 30,000,000,000,000 won, the Defendant’s mother’s account in the name of G bank, it would be repaid after six months thereafter.”
6.1.1. 30 million won was remitted and the total amount of 300 million won was acquired.
2. On June 2017, the Defendant: (a) at the foregoing company, the Defendant was unable to obtain permission for multi-household housing construction business from Pyeongtaek-si E, such as the preceding paragraph; and (b) was in excess of debt; and (c) thus, even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to repay the borrowed money within the time limit for using it as the construction fund.