사기
A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 12, 2014, the Defendant was sentenced to three years of suspension of the execution of imprisonment with prison labor for fraud, etc. in the Changwon District Court Msan Branch on the following grounds: on November 20, 2014, the judgment became final and conclusive.
From January 19, 2012 to January 25, 2012, the Defendant borrowed a total of KRW 100 million from the victim B from around January 19, 2012, and decided to repay a total of KRW 130 million of principal and interest from March 10, 2012. However, due to the failure to pay the amount, the Defendant paid the amount in kind to the victim, Gyeongnam-gun, Gyeongnam-gun, the Defendant’s wife, and the said victim was obliged to pay the amount of settlement to the said Da.
On the other hand, F had a claim of KRW 170 million against the debtor, the defendant, and the joint guarantor C, and around June 29, 2012, F filed a lawsuit against the victim, etc. at the Busan District Court on February 1, 2013, for a claim for the total amount of the payment claim against C with an executory deed against C as an executory title, and at around June 29, 2012, C is a debtor, the victim is a third debtor, and it is confirmed around that time by being subject to seizure and assignment order for the remaining payment claim.
Around June 12, 2013, the Defendant made a false statement to the effect that “Around June 12, 2013, at a certified judicial scrivener office located in Gyeong-gun G, Gyeong-gun, Gyeong-gun, the Defendant would resolve the Defendant’s claim for the total amount of money that F would bring against the Defendant again to transfer the ownership of Do Lending E., F’s agent, to withdraw the lawsuit.”
However, in fact, the Defendant did not have agreed on the withdrawal of the suit with F or H, and there was no intention or ability to settle the debt relationship of the victim related to the suit, because of economic difficulties such as failure to pay the construction cost properly with respect to the construction of DB at the time.
Nevertheless, the defendant deceivings the victim as above and caused the victim to do so for the purpose of securing the liability of KRW 130 million around June 25, 2013.