A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On May 201, the Defendant, while operating the Busan Jin-gu D gas station located in Busan, paid 30% of the profits to the victim E on May 201, and invested KRW 50 million, but did not know any business and continued to acquire money by deceiving the victim.

1. On November 8, 2011, the Defendant: “Around November 8, 2011, the Defendant told the victim to “if the operation of the gas station is well-grounded and the profit therefrom has increased; however, if the outstanding amount is not financed from KRW 90 million to KRW 100,000,000, and the operation thereof is difficult, the Defendant would pay a monthly profit without fail, and pay the said money.”

However, the defendant had no intention or ability to pay the investment principal as well as profit has already been accumulated by the enemy.

The Defendant received a total of KRW 50 million from the victim, such as remittance of KRW 8 million on the same day, KRW 20 million on November 10, 201, and KRW 20 million on November 28, 201.

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

2. On April 24, 2012, the Defendant concluded on April 24, 2012 that “The Defendant would transfer the gas station to a nearby F station with a larger sales volume. If the Defendant borrowed the deposit amount of KRW 15 million to the building owner of the F station, he/she would pay the deposit amount on May 31, 2012, which is the termination date of the D station lease contract.”

However, in fact, the Defendant did not pay the above D's rent at the time, and the deposit remains more than 4 million won, and thus, the Defendant did not have any intention or ability to pay the above loan to the victim even if the lease contract at D's station is terminated.

The Defendant received 15 million won from the victim on the same day.

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

3.