사기등
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant actually operated S Co., Ltd., and the representative director of T Co., Ltd from September 2015 to September 2016.
1. In the course of operating a 'F' store in the name of each of the above companies, the accused was not only insufficient operating funds of S Co., Ltd., while running the 'F' store, but also at the time when the accused received a demand for repayment from the creditors, the accused was willing to make money under the name of the Defendant's investment funds
A. On December 22, 2015, the victim X Defendant made a false statement to the victim X that “The victim X is scheduled to open a chain store within one month in the Z department food crate, and if investment is made in the store rent deposit, down payment, etc., the above store will be the owner of the store.”
However, at the time, the Defendant did not enter into a contract with Z department stores to occupy “F” stores.
In addition, the defendant did not have any property or income in addition to the above "F" chain store, and the above chain store was thought to use the investment funds received from the injured party for debt repayment, etc. in the situation where the creditors are urged to repay their debts due to the accumulated business situation.
Ultimately, the Defendant did not have the intent or ability to operate the “F” chain store in the Z department store as promised even if he received the investment from the victimized person.
Around December 22, 2015, the Defendant: (a) by deceiving the victim as above; (b) received KRW 18,000,000 from the victim to the Busan Bank account in the name of SA employee, a stock company, from the Busan Bank account; and (c) received a total of KRW 101,10,000 in the same way as in the attached Table 1 re-off from May 31, 2016 to May 31, 2016.
B. On May 13, 2016, the victim AB Defendant “F.” to the victim AB at the S Office Co., Ltd. around May 13, 2016.