사기
A defendant shall be punished by imprisonment for not more than ten months.
An application filed by an applicant for compensation shall be dismissed.
Punishment of the crime
【2014 Highest3091】
1. The Defendant committed the crime against the victim C around October 2012, the Defendant stated to the effect that, within the Defendant’s house in Gyeyang-gu, Gyeyang-gu, Seoul and 101, the Defendant would make profits from private financing to the victim C, who was aware of the neighbors, that, “If the Plaintiff borrowed KRW 20 million to the Plaintiff, the Defendant would have left interest of 2.5% per month by investing in the business of the non-party 20 million.”
However, the Defendant did not have any particular property or income at the time, and on the contrary, was liable for the total amount of 20 million won or more to E and F, etc. and was liable for payment to G. Thus, even if he received money from the victim, the Defendant did not have the intent or ability to pay the principal and interest to the victim by investing it in the business of the non-resident.
Nevertheless, around November 5, 201 of the same year, the Defendant received KRW 10 million from the victim to the Defendant’s new bank account in the name of borrowed money, and received KRW 30 million in total from the victim every five times until April 1, 2013 as shown in the attached Table 1.
Accordingly, the defendant was given property by deceiving the victim.
2. Around March 8, 2013, the Defendant committed the crime against the victim H stated that “If the victim of the victim’s family, who was in a de facto marital relationship with the Defendant, loans the amount of KRW 10,000,000,000,000,000, to the victim H, once, the Defendant stated that “if the victim of the victim’s family, who was in a de facto marital relationship with the Defendant, would make an investment in the private village, thereby making the interest every month and return the principal at any time before the month.”
However, the Defendant, while there is no particular property or income at the time, is liable for the total amount of KRW 50 million to E, F, C, etc., and is also liable for payment to G. Therefore, even if he receives money from the victim, he/she is willing to pay the principal and interest.