사기등
Imprisonment with prison labor for each of the crimes of subparagraphs 1, 5, and 6 in the holding of the defendant, and for each of the crimes of Articles 2, 3, 4, and 7 in the holding of the defendant.
Punishment of the crime
[Criminal Power] On July 2, 2010, the Defendant was sentenced to a suspended sentence of six months for criminal fraud at the Gwangju District Court. On September 25, 2010, the Defendant is a non-permanent person for whom the said judgment became final and conclusive.
【Criminal Facts】
1. Fraud against victim D;
A. On July 6, 2010, the Defendant stated that “In order to acquire the above company, the Defendant would pay taxes of KRW 4 million in arrears to the victim D, who was promoting the acquisition of G, a stock company, at the F market located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon.”
However, even if the defendant received money from the victim, he did not intend to use it for the payment of delinquent taxes by the above company.
The Defendant, at the same time, obtained from the victim the amount of KRW 4 million under the name of the payment of delinquent taxes in the same place, and acquired it by deception.
B. Around July 2010, the Defendant told the victim D to the effect that “I would pay 19 million won, including interest, to I once, with the victim’s KRW 16 million.”
However, the facts are that the defendant is equivalent to KRW 10 million at the time, and the victim did not have the ability to pay the above money by subrogation due to bad credit standing.
The Defendant had the victim transfer the amount of KRW 19 million under the pretext of debt repayment to the said I’s account at the time when the said false statement was made. The Defendant acquired pecuniary profits equivalent to the said amount by having the victim transfer the amount of KRW 19 million under the pretext of debt repayment.
C. Around August 2010, the Defendant opened a mobile phone in the name of J (JT) corporation G in the name of the mobile communications agency located in the city of Sungnam (hereinafter referred to as Sungnam).
However, the defendant did not have obtained permission for opening of the mobile phone from G representativeD, and even if opening the above mobile phone, he did not have the intention or ability to pay the above mobile phone usage fee normally.