특정경제범죄가중처벌등에관한법률위반(사기)
A defendant shall be punished by imprisonment for not less than three years and six months.
The defendant shall pay 843,258,000 won to the applicant for compensation by deceit.
3.2
Punishment of the crime
Around November 2009, the Defendant began to teach the victim by making a false statement to the effect that “A victim D (at the time, 38 years of age) who became aware of access to the Internet at an insular place, was named “B as E in 1972. A business is engaged in importing and selling leisure-related goods, such as yachts and skiing goods, in Seoul.”
Around December 2009, the Defendant: “Around December 28, 2009, the Defendant: (a) transferred the property in the name of the wife to divorce with the wife; (b) transferred the property in the name of the wife and required expenses for divorce; and (c) borrowed money, the Defendant would have to repay the money to the proceeds of the yacht business in the name of the wife by dividing the property in the name of the wife and operating the yacht business. When divorced with the wife, the Defendant was transferred KRW 3,000,000 from the victim around December 28, 2009 as well as the remittance of KRW 843,258,000 by April 7, 2014.
However, at the time, the Defendant was running a leisure business, such as yachts, or did not own property in the name of the Defendant or the Defendant’s wife, and even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to repay it. Moreover, there was no plan for divorce proceedings with the Defendant’s wife, nor did the Defendant have any intention to marry with the victim, such as teaching the Defendant with others or living together.
Nevertheless, the Defendant had a self-sufficient business with the victim, while using a family name, was under the age of the victim, and was pretended to have divorced with his wife and married with an unmarried victim, thereby deceiving the victim. Accordingly, the Defendant acquired 843,258,000 won from the victim as above under the pretext of the loan, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning D;
1. Application of Acts and subordinate statutes on details of deposits transactions;
1. Criminal facts;