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A defendant shall be punished by imprisonment for two years.
An applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
"2018 Highest 1363"
1. Frauding against victims C;
A. On April 1, 2017, the Defendant, on April 1, 2017, made a false statement to the effect that “The Defendant, at the Seo-gu, requested the victim to borrow a capital of KRW 10,000,000 for K5 automobiles from E located in Gwangju-gu, Gwangju-gu.”
However, in fact, the Defendant was 300,000,000 won due to the discontinuance of online educational business at the time, and the bank loan was impossible after the credit rating was lower, and the Defendant was 15,00,000,000 won due to the loan to the customer, and was able to use it individually.
Nevertheless, the Defendant, as such, by deceiving the victim, obtained a loan of KRW 15,00,00 from F on the same day from the victim, and then received a transfer of KRW 8,230,000 from the G Union account (Account Number: H) in the name of the Defendant.
Accordingly, the defendant deceivings the victim and defrauds 8,230,000 won.
B. On April 12, 2017, the Defendant made a false statement to the victim on April 3, 2017, stating that “If the Defendant transfers KRW 17,00,000,000 out of the sales price of the 18,000,000,000 to the Plaintiff, the Defendant would make payment for the first installment as set forth in the car of the mother-do with the company left the company’s profit.”
However, in fact, the Defendant was at the time of the discontinuance of online educational business and the amount of 300,000,000 won was incurred by the Defendant, and the bank loan was impossible after the credit rating was lower, and the Defendant was at the time of the repayment of the debt with the Defendant’s loan to the customers by selling and selling the company. However, the Defendant did not have the intent or ability to pay the victim’s I installment from the beginning.
Nevertheless, on April 12, 2017, the Defendant, as such, by deceiving the victim and deceiving it from the victim, received KRW 17,000,000 from the G Union account (Account Number:H) in the name of the accused and acquired by deceiving the victim.
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