특정경제범죄가중처벌등에관한법률위반(사기)
A defendant shall be punished by imprisonment for two years.
An applicant for a compensation order shall be dismissed.
Punishment of the crime
On December 16, 2011, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud and on August 30, 2012, and the judgment became final and conclusive on August 30, 2012.
Criminal facts
The defendant deceptioned the victim D and acquired a total of KRW 500 million from the victim as follows.
1. Around January 10, 2011, around January 10, 2011, the Defendant made a false statement to the effect that “The Defendant may raise and lend KRW 4.7 billion to G Hospital Auditor H and the victim D at the F Branch of the National Bank in Seocho-gu Seoul Metropolitan Government, and to the effect that “In order to do so, first of all, the Defendant would change KRW 150,000,000 as prior interest.”
However, the defendant did not have any intention or ability to procure 4.7 billion won to the victim even if he/she received the interest from the victim.
On January 10, 201, the Defendant, by deceiving the victim as such, received KRW 150 million from the F branch of the above national bank on January 10, 201 as a prior interest from the victim.
2. On March 9, 2011, the Defendant, even though there was no intent or ability to raise funds of KRW 5 billion to the victim D, the Defendant, along with I, agreed to receive interest from the victim under the pretext of obtaining the Bank of Korea underground funds which have not been verified at all by the entity with I to raise funds to the victim.
On March 8, 2011, the Defendant made a false statement to the effect that “The above H and the victim D may attract 30 billion won underground funds of the Bank of Korea through employees of the Bank of Korea, but the Defendant received 30 billion won underground funds of the Bank of Korea on the face of the week and would offer 5 billion won from among them to D,” at the coffee shop near the F branch of the above national bank.
However, there is no fact that the defendant has confirmed the existence of underground funds of the Bank of Korea, and there was no intention or ability to raise funds of 5 billion won to the victim.
As such, the Defendant, by deceiving the victim, received KRW 150 million on March 9, 201 from the victim, under the pretext of a prior interest.