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

The defendant shall be liable for damages of KRW 10,000,000 to the applicant C.

Punishment of the crime

"2017 Highest 1207"

1. On September 2014, the Defendant: (a) received the victim’s “singing room” in the “Jing room” operated by the victim in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) the victim received a large amount of construction cost of KRW 150 million at home; (c) there is a lack of money to purchase construction cost; and (d) the victim would be paid within three months if he/she lent KRW 5 million.”

However, there was no fact that the Defendant had carried out construction work equivalent to KRW 150 million at Pyeongtaek-si, and there was no intention or ability to change it within three months, even if the Defendant borrowed KRW 5 million from the injured party, due to the circumstance where the Defendant was unable to pay the interest on the bonds at the time, such as using the interest on the bonds borrowed money from the injured party due to bad financial standing to the extent that it is unable to pay the interest on the bonds.

Nevertheless, the defendant deceivings the victim as above and acquired 4,250,000 won after deducting interest from the victim on September 22, 2014 from the victim.

2. Fraud against the victim C;

A. On September 23, 2014, the Defendant told the victim of L real estate located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, that “A person shall perform construction works for the Saemaul Treasury, but the construction cost and personnel expenses are insufficient, and if a person lends only KRW 5 million, he/she will repay up to December 30, 2014.”

However, in fact, the Defendant did not carry out the construction work of the Saemaul Bank, and the Defendant did not have any intention or ability to pay the interest at the end of the year, even if he borrowed 5 million won from the injured party, even if he borrowed 5 million won from the injured party, because the financial situation was so bad that he could not bear the interest of the bonds at the time and used to pay the interest of the bonds to the injured party.

Nevertheless, the defendant deceivings the victim as above and obtained 5 million won from the victim to receive 5 million won on the same day.

B. On December 23, 2014, the Defendant is currently proceeding with the victim in the vicinity of the Gyeyang-gu Incheon Gyeyang-dong Uniform, Gyeyang-gu.