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

Punishment of the crime

[2017 Highest 1126]

1. On October 2, 2016, the Defendant stated that “D” in Ulsan-gu, Ulsan-gu, the Defendant would make a false statement to the victim E (28 30,000,000 won as D’s operating capital is required, and even if he/she disposes of Lestop, he/she would make a full payment.”

However, the above "D" was under the name of the defendant's mother, and the defendant's dual-type F was actually operating, so it was not at a position to participate in the operation of the above Lestoc, and the defendant's financial institution's debt was approximately KRW 42 million, and even if the defendant borrowed money from the victim due to the absence of a certain income at the time, there was no intention or ability to pay the money.

On the 3th of the same month, the Defendant received from the injured party a cash of KRW 30 million from the “H” bank operated by the victim in Ulsan-gu G on the same month.

2. The Defendant, around November 5, 2016, lent the card price of KRW 7 million to the above victim “H” at the gold bank around November 5, 2016. However, the Defendant already lent the card price of KRW 10 million to the above victim, and even if the monthly sales of the Lestop, did not amount to KRW 10 million, it exceeded three months.

The payment of KRW 30 million can be made, and the payment of KRW 30 million has been made now, and if so, the payment of the money would be paid immediately.

However, the Defendant did not have any intent or ability to pay the said money even if he borrowed the money from the damaged party as set forth in the above 1.

The Defendant received 7 million won in cash from the injured party on the same day as the borrowed money.

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

[2017 Highest 2523] The Defendant, around May 2, 2017, sold the amount of KRW 730,00 to KRW 686,20,00, to the victim I who contacted through the Internet site NA and the country.”