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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
[2015 Highest 1910]
1. Fraud against the victim C;
A. On December 2, 2011, the Defendant acquired funds related to auction proceeds, at the office E, Co., Ltd. located in Ansan-si, Shansung-si, the Defendant told the victim C to the effect that “If the Defendant borrowed the amount of KRW 65 million to obtain a successful bid of the F apartment 104 Dong-gu, Yongsan-gu, Busan Metropolitan City, which is in the process of auction, he/she would be awarded a successful bid, return the auction bid bond to the court, receive the refund from the National Tax Service, and repay the money that he/she borrowed until January 10, 2012.”
However, the facts are that the defendant should pay the full amount of the successful bid, and the business that the defendant had been at the time was under circumstances such as the defendant's obligation to the investor for about one billion won in a continuous state. Therefore, even if he borrowed money from the victim, there was no intention or ability to pay it properly.
Around December 19, 2011, the Defendant acquired 65 million won from the victim to the corporate bank account (G) in the name of the Defendant.
B. Around December 16, 201, the Defendant acquired money from supply of goods, the Defendant said that “The Defendant would immediately pay the price by receiving money from China, if he/she supplies synthetic resin materials to be exported to China,” at the place of the above paragraph (a).
However, as in the above paragraph (a), the defendant did not have the intention or ability to pay the price properly even if he was supplied with the goods from the victim.
On December 21, 201, the Defendant received from the victim the amount equivalent to KRW 62,40,00 g market price of synthetic resin PH 48,00 kilograms, KRW 26,650,00 g market price of the same raw material on the 23th of the same month, and KRW 2,500,000 g market price of synthetic resin 15,000 g market price on the same day, and acquired it by fraud without paying the price.
2. On March 25, 2012, the Defendant’s fraud against the Victim H is provided an opportunity for the Victim H to purchase the excess of recycling strings.