A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

In the past, the Defendant was subject to criminal punishment for fraud in 2006 in relation to the case where he was unable to repay a large amount of money from the other parties while operating the music private teaching institute, and subsequently, was subject to the so-called “a default of returning obligations” by borrowing or lending money from other parties in order to repay the above debts until now. At the time of the instant case, the debts amount to KRW 40 million, and the bonds amount to KRW 60 million, and the monthly income amount to KRW 1 million, and the market price of the real estate owned by the Defendant is merely KRW 63 million, and thus, even if the Defendant borrowed money from other persons, the Defendant acquired money from the victims in total, as follows, even if he did not have any intent or ability to repay the money properly.

1. Fraud against the victim B;

A. On January 4, 2018, the Defendant called the victim B by phoneing the victim B at an unsound place, stating that “The Defendant purchased a house from the second his/her wife studying in the United States, but did not have any balance of KRW 70 million, and that he/she would repay money by disposing of the land of Jeju-do owned by his/her husband until October 31, 2018.”

However, in fact, the defendant was thought to use the money to repay the existing debt from the victim, and even if he borrowed money from the victim for the above reason, he did not have the intention or ability to pay the money properly.

The defendant is in the same month from the victim.

5. The Defendant was transferred KRW 50 million to the account in the name of the Defendant, and KRW 20 million to the same account on the 11th of the same month.

B. On March 7, 2019, the Defendant called the victim’s phone call at a Buddhist place, stating that “If expenses are insufficient to have to have to have to have to have to have to have to be borne by the United States, the Defendant would have to fully repaid KRW 80 million, including the existing debts, up to May 31, 2019, and if he/she fails to repay it, he/she would have to transfer the ownership of the Jeju-do land, which is owned by the Defendant.”

However, the defendant is on the same ground as the above paragraph.