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A defendant shall be punished by imprisonment for not less than three years and six months.
The defendant shall obtain money from C as 283,60,000 won, and 35,000 won to D.
Reasons
Punishment of the crime
[2011 Highest 9555]
1. Fraud against the victim C;
A. On February 2, 2007, the Defendant stated that “When there is a person operating a packaging factory in Gyeonggi-do, the Defendant may receive interest at 20% per annum from the Defendant’s house located in Busan Metropolitan Government G (n, 30 years of age). In addition, the Defendant may recover money at any time when she wishes to receive money from the Defendant’s house.”
However, the above packing plant did not exist at the beginning, and at the time, the defendant did not have the intent or ability to pay interest of 20% per annum to the victim even if he was able to use his debt even if he was paid money from the victim due to the burden of several billion won.
Nevertheless, the Defendant, as seen above, received from the victim a false statement, from February 12, 2007 to May 25, 201, 201, a total of KRW 436,485,553 as investment money over 98 times, as shown in attached Table 1.
B. On February 20, 2007, the Defendant stated on February 20, 2007, the Defendant stated that “If the Defendant subscribed to the share of the interest accrued from the packing factory investment fund, he may earn a larger profit. It is KRW 3,00,000 per month, which is part of the amount of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the shares
However, the above packing plant did not exist at the beginning, and there was no investment, and there was no interest, so even if receiving money from the victim, there was no intention to use it for the repayment of its obligation, and there was no intention to subscribe to it for the victim.
Nevertheless, the Defendant, as above, obtained a total of KRW 28,90,000 from the victim to August 18, 2009, as shown in the attached Table 2, from February 20, 2007 to August 18, 2009, in total, 31 times, as shown in the attached Table 2.
2. Fraud to victims E;
A. The Defendant on May 1, 2009.