A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On October 25, 2019, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Central District Court, which became final and conclusive on November 2, 2019.

around April 8, 2018, the Defendant stated that “A person himself/herself would be able to directly make an investment if he/she is punished for money. B will give a profit on his/her own account of the investment money.”

However, at that time, the Defendant lacks financial standing such as bearing a large amount of obligation without any particular property, and even if receiving the money from the said victim, it was thought that the said victim would be individually consumed by living expenses, etc. rather than an investment, and thus, there was no intention or ability to pay the investment profit as promised to the victim.

The Defendant received KRW 5 million from the victim, around September of the same month, to the Defendant’s account; KRW 3 million from around 13th of the same month to C limited liability company’s account; and KRW 2 million from the same day to the Defendant’s account respectively.

Accordingly, the defendant was given property by deceiving the victim.

"2019 Highest 8726"

1. Fraud;

A. On August 2016, the Defendant made a false statement to the Defendant’s office in Gwanak-gu in Seoul Special Metropolitan City, the Seoul Special Self-Governing Party E, and the victim D, who was transferred to a university, to the Plaintiff at his/her home, stating that “A loan needs to be granted in lieu of a sudden need for money, and at the face of the loan, the interest on the loan will be paid at a premium, and there would be no doubt as to whether the loan will be transferred to the name in the last place, and that a registration fee will be granted after the completion of the loan after the school.”

However, in fact, the Defendant had a large amount of obligation, and there was no fixed profit or property, and the victim had no intent or ability to repay the loan according to the promise even if the victim received the loan under his/her own name and delivered it to the Defendant.

As such, the defendant deceivings the victim and belongs to it.