사기
A person shall be punished by imprisonment with prison labor for 6 months with prison labor for the crime No. 2 in the holding of the defendant, and one year with prison labor for each crime.
(b).
Punishment of the crime
【Criminal Power】 On April 30, 2009, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud, etc. at the Gwangju District Court on September 12, 2009, which became final and conclusive on September 2, 2009. On November 25, 2010, the same court was sentenced to a three-year suspended sentence to a one-year imprisonment for embezzlement, and the said judgment became final and conclusive on January 26, 201, and on August 28, 2013, the same court was sentenced to a one-year suspended sentence of imprisonment for a six-month period for fraud and became final and conclusive on September 5, 2013.
【Criminal Facts】
1. Crimes against victims E;
A. A. Around September 2007, the Defendant made a false statement to the effect that “Around September 2007, the Defendant would pay KRW 55 million paid by the Party to the seller by December 31, 2000,000,000,000 paid to the seller, if he succeeds to the seller, by not later than December 31, 2007, to the effect that “Around September 2007, the Defendant would pay to the victim E without molding the amount of KRW 265,00,000,000 paid to the seller, which was entered into an agreement with the Party and H to jointly purchase at the G office located near the G office operated by the Defendant in the second floor of the Seoul Mine-gu.”
However, at the time, the Defendant was unable to pay KRW 40 million, KRW 255 million borrowed from L, KRW 40 million borrowed from L, and KRW 40 million borrowed from M due to the lack of financial credit, and thus, the Defendant did not have the intent or ability to pay the above amount of KRW 5 million to the victim.
As such, the Defendant, by deceiving the victim, transferred the status of purchaser from the victim, and succeeded to the seller’s right to pay KRW 55 million to the seller N on the above land, acquired pecuniary benefits of KRW 55 million and sustained damages equivalent to the same amount as the victim.
B. Around April 14, 2008, the Defendant committed the crime on or around April 8, 2008, at the G office operated by the Defendant, three parcels, including the victim E, including the size of 66 square meters of O forest in the Mine-gu, the mining area P site 12 square meters, and the Qgu in Gwangju Mine-gu 182 square meters, shall be KRW 160 million.