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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. [2014 Highest 4620] Fraud (a total of 50,00,000 won) and embezzlement (a total of 14,178,900 won)
A. The Defendant, as a construction site warden, is a person who was in charge of remodeling the victim C (47 years) from February 2, 201 to May 2013, 201.
(1) On December 15, 2011, the Defendant committed fraud: (a) at the “E” teleel operated by the injured party D on or around December 15, 201, on or around 15, 201, the Defendant committed fraud; (b) caused the victim to pay the agreed amount by having the victim interfered with the domestic assault case and without paying the agreed amount.
The loan of KRW 35,00,000 was made by false means, "A certain amount shall be repaid every month from January 2012."
However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it, and there was no fact that he was involved in the assault case.
Accordingly, the defendant deceivings the victim as above and acquired the 35,000,000 won from the victim immediately.
(2) On January 24, 2012, the Defendant committed fraud was found to have insufficient material costs to the victim at the place indicated in the foregoing paragraph (1) around January 24, 2012.
7,500,000 won was lent, and the payment of the construction cost was received after the month.
However, even if the defendant borrowed money from the injured party, the defendant did not have the intent or ability to repay it.
Accordingly, the Defendant, by deceiving the victim as above, received 7,500,000 won from the victim to the new bank account in the name of the Defendant immediately, and acquired it by fraud.
(3) On October 2012, the Defendant committed fraud around 2012, in the “G” telecom operated by the injured party of Mapopo-si F on October 2012, the Defendant would have to pay the victim with the money that he/she has to pay. If he/she lends to the victim, he/she would have to pay the money after one month.
A false statement was made that he/she will complete the payment even if he/she did not complete the payment.
However, the defendant borrowed money from the injured party.