사기
A defendant shall be punished by imprisonment for not less than eight months.
The defendant paid 60,000,000 won to B who is an applicant for compensation.
3.2
Punishment of the crime
"2019 Highest 996"
1. On July 28, 2016, the Defendant made a false statement to the effect that “The Defendant shall pay the balance by August 5, 2016, if he/she borrowed money, he/she will make payment by December 2016.”
However, the defendant did not have a plan to purchase the ship, and he thought to return the money borrowed from the victim to another place, and the defendant was also in default of taxes of about KRW 50 million due to the difficulties in the operation of the corporation E, which operated by the defendant, and was liable for the total amount of KRW 37.5 million, and there was no intention or ability to repay the money borrowed from the victim.
Around August 5, 2016, the Defendant, by deceiving the victim as such, obtained money from the victim to a corporate bank account (F) in the name of the Defendant, a corporate bank account (F) designated by the Defendant, and acquired money from the victim.
"2019 Highest 227"
2. On February 10, 2017, the Defendant made a false statement to the victim H by phone calls from Ulsan-gu, Ulsan-gu, Seoul-gu, that “I would have to pay back the repair fee after one month.”
However, in fact, the defendant did not have any intention or ability to pay the money to the victim as agreed by the victim because he did not have any particular income at the time and bears a large number
The Defendant deceivings the victim as such, and received 7.5 million won from the victim as the borrowed money on the same day.
Summary of Evidence
1. The defendant's legal statement "2019 Highest96";
1. The police statement concerning B;
1. Tax on account transfer, detailed statement of transactions by account, and credit information history "27 of the electronic financial account transfer;"
1. Each police statement of H;
1. Application of statutes governing credit assessment information and details of transactions;
1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment