특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for four years.
Criminal facts
[2018 Gohap 115] The Defendant, while operating a mobile phone sales store in Gwangju City, was due to a large amount of debt due to a business shortage, was willing to borrow money from others to repay the principal and interest without having the intention or ability to repay the principal and interest, even if he borrowed money from others under the pretext of investment.
On the other hand, since the Defendant had suspended the business of C mobile phone sales stores from July 2017 to August 8, 2017, the Defendant could not open the cell phone even after receiving the order of the mobile phone, and would pay the mobile phone as a fake even though there was no intent or ability to pay the terminal machine as a fake.
Falsely, it received a mobile phone and identification card under another person's name, and received a loan from a financial institution to pay personal debts.
1. On September 10, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) with respect to the victim D calls to the victim D in spite of the intent or ability to repay the borrowed money, and may impose a lot of money as subsidies if it makes an investment in E.
The phrase "to pay 10% interest, including interest, after one month after the loan of money," was received from the injured party on September 10, 2016 from the money to the account in the name of the defendant.
From March 7, 2017 to March 7, 2017, the Defendant received a total of KRW 505,375,000 from the injured party through 42 times as shown in attached Table 1.
2. On October 20, 2016, the Defendant against the Victim F was not aware of the intent or ability to repay the borrowed money in the national collection of the country located in Gwangju-si on October 20, 2016.
The phrase “to pay the principal and interest of 20% per month after one month from the lending of investment money,” which was transferred from the damaged person to the account under the name of the Defendant on October 20, 2016.
From that time until February 28, 2017, the Defendant: (a) specified in attached Table 2.