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A defendant shall be punished by imprisonment for three years.
The defendant shall be liable for damages in the amount of KRW 132 million, which is obtained by deception, to the applicant D.
Reasons
Punishment of the crime
[2016 Highest 717]
1. Fraud against victim D;
A. On August 10, 2012, the Defendant stated to the effect that “Around August 10, 2012, the victim D, who is an employee of F Co., Ltd., the Defendant’s employee, lent money to the extent of KRW 3,00-4,000,000. It would be reasonable to use money for up to one to two months, and that he would receive money from the owner in relation to the construction of new living facilities in Pyeongtaek-si, Seo-dong, Seo-dong.”
However, at the time, F Co., Ltd. received loans from financial institutions in an amount equivalent to KRW 1.5 billion and repaid monthly interest, and due to the failure to recover, etc., it was difficult to operate the company. Therefore, even if the Defendant received money from the owner of Pyeongtaek Construction, he/she should spend the money for other purposes, such as the company’s operating funds, personnel expenses, and interest on obligations, and thus, the Defendant did not have any intent or ability to repay the above money within one to two months as agreed by the victim.
Nevertheless, the Defendant received 30 million won from the injured party to a new bank account in the name of A (State)F on the same day from the injured party as above, and acquired it by remittance.
B. The Defendant requires additional KRW 100 million to the victim on December 11, 2012.
The purport of the lending of money was that he/she will receive the payment from the owner of the Pyeongtaek-gu Construction Project and repay it within three months.
However, at the time, F Co., Ltd. received loans from financial institutions in an amount equivalent to KRW 1.5 billion and repaid interest every month, and due to the failure to recover money, etc., the Defendant did not have any intent or ability to pay the above money within three months as agreed upon by the victim, even if he received the money from the owner of the right to use it for other purposes, such as the company’s operating funds, personnel expenses, and interest on the obligation.
Nevertheless, the defendant is the victim as above.