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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
【2013 Highest 455】 The Defendant engaged in the wholesale and retail business of gold scams, such as scams and ducks, under the trade name of “D” in Mayang-si, Mayang-si C.
1. On June 2010, the criminal defendant against the victim E stated that "the victim E does not engage in a transaction with another company, but was unable to do so from time to time when the original is married, at a cafeteria located in Ansan-gu 2-dong, Gyeyang-gu, Mayang-gu, Annyang-gu, Annyang-si, Annyang-gu, Annyang-si, the Defendant would settle the amount exceeding KRW 20 million with the previous transaction partner, on the basis of the table that the former transaction partner is cut down and fixed and engages in a transaction with the amount exceeding KRW 20 million."
In fact, at the time, the Defendant did not have any intent or ability to pay the accumulated credit amount in the end, even if the Defendant was supplied with the original through credit transactions with the victim due to bad financial conditions, such as the payment of approximately KRW 15 million of the original amount to F, which is the other transaction partner, due to a fixed expenditure, such as accumulated personnel expenses, etc. caused by the continuous shortage of funds.
As such, the Defendant, by deceiving the victim, was provided with a sum of KRW 127,757,80 from June 5, 2010 to August 22, 2010 by the victim, and the Defendant did not pay KRW 45,746,00 out of the price, thereby acquiring property benefits equivalent to that amount.
2. Around July 9, 2010, the Defendant against the victim G made a false statement to the victim G at the I office located in Ansan-si, Ansan-si, Annsan-si, that “I will deposit KRW 1,425,00 on the day by paying the 1,425,000 to the victim by providing the original 150 grams, if the Defendant supplied the original 150 grams to the victim.” On July 11, 2010, the Defendant made a telephone call to the victim that “I will deposit KRW 2,850,000,000, including the original money that was not repaid prior to the delivery of the original 150 grams of the victim.”
However, the facts are.