특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for not less than four years and six months.
Punishment of the crime
[Criminal record] On August 17, 2016, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Seoul Central District Court on August 21, 2016, and the said judgment became final and conclusive on October 21, 2016.
[Criminal facts] 2016 Gohap 992
1. On August 19, 2012, the Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim D, called the victim D on August 19, 2012, has a lot of profits from purchasing the original by cash from the original producer in E. Thus, if the Defendant borrowed the original purchase fund of KRW 150 million on October 3, 2012, he would be paid back and 5% of the interest month.
“The phrase “ was false.”
However, the Defendant had a debt worth of KRW 100 million to F, G, etc. who did not have any particular property, and the Defendant had been holding 80% of shares under the name of the borrower (StateE), at that time, was at a risk of default in excess of the obligation, such as obtaining illegal loans from the Korea Credit Guarantee Fund and repaying bills by means of counting the processed sales from the Korea Credit Guarantee Fund. Since the borrowed money was thought to be used for the purpose of living expenses and personal debt repayment, even if she borrowed money from the victim D, there was no intent or ability to repay the principal and interest on October 3, 2012.
Nevertheless, on August 20, 2012, the Defendant received KRW 150 million from the victim D to the national bank account (I) in the name of the Defendant on August 20, 2012, and received KRW 607,000,000 from the victim D on six occasions by November 18, 2014, such as the statement in the list of crimes attached hereto.
2. The Defendant, on July 2015, called the Victim F to the Victim F, by phoneing the Victim F in the middle of July 2015, (a) the Defendant entered into a lease agreement in the name of aponer who lends the key money of KRW 100 million to the Seoul Gangnam-gu J Housing; and (b) the Defendant would also pay the interest on money borrowed topon prior to the borrowing of money in the house.
“Falsely false.”
However, the defendant is paying money from the victim F.