사기
A defendant shall be punished by imprisonment for not less than eight months.
However, 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
1. On March 27, 2017, at around 13:00 on March 26, 2017, the Defendant made a false statement that “If the Defendant borrowed KRW 10,000,000,000,000,000,000,000 to the victim’s house located in the Sinsan-si C apartment D, Sinsan-si, Seoul-si, to operate the laver-type business, he/she would make a payment without any framework until July 27, 2017, and to distribute profits by operating the business well, to the extent of 10% per month.”
However, the defendant was in arrears with tax and medical insurance worth KRW 35 million due to the failure of his business in 2009, and was thought to be used mainly for the defendant's living expenses, not for the business funds, due to the shortage of living expenses. Since Kim Farming business begins in winter, the defendant did not have the ability to pay the borrowed money normally to the victim by the time of the repayment.
On March 27, 2017, the Defendant received KRW 10 million from the victim, as above, from the G bank account (H) in the name of F used by the Defendant from E under the pretext of a loan borrowed around 10:44.
2. On March 29, 2017, the Defendant, at the place indicated in paragraph (1) on March 29, 2017, sent a false statement to the victim that, “Around March 29, 2017, the Defendant, upon completing the registration of a corporation, registered the party with the registration of a limited liability company as a director, would lend KRW 10 million to him/her for operating funds, and the sum of KRW 10 million that he/she lent to him/her prior to the lending of money, shall be repaid up to July 27, 2017.”
However, as stated in Paragraph 1, the Defendant did not have the ability to pay the borrowed money to the victim normally by the due date.
As above, the Defendant was issued KRW 10 million to the JAC account in the name of the Defendant (K) in the name of the victim for the same day from the victim.
3. On April 27, 2017, the Defendant, at around April 26, 2017, borrowed KRW 20 million to the victim in the place described in paragraph (1) at around 21:30 on April 26, 2017.