A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

"2018 Highest 1113"

1. On May 20, 2017, the Defendant made a false statement to the effect that “The victim E, who became aware of the introduction of the 6th floor of the building B, was scheduled to open a marina shop on the 5th floor of the above building, and if the construction cost falls short of the construction cost, would be repaid two months later.”

However, at the time, the Defendant had been operating several postnatal care centers with loan money of approximately KRW 1.8 billion from F, such as borrowing money from other persons, and eventually, due to difficulties in paying interest and operating expenses, etc., the Defendant used approximately KRW 280 million in around February 2017 to use the credit card as operating expenses, etc., and the Defendant used approximately KRW 43 million from the above F until June 29, 2017, but failed to pay the said amount. From April 30, 2017 to August 2, 2017, the Defendant borrowed KRW 280 million from the above D and paid the said amount.

The Defendant again introduced the victim from the above D and made such false statement to the victim. However, in fact, the Defendant did not have any intent or ability to make reimbursement two months after the promise, even if he/she borrowed money from the victim due to operating funds, such as the deficit of the operating company, the creditors including the above F, the obligation to pay KRW 00 million to the creditors including the above F, and the employees’ benefits.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 50,00 from the victim to the G bank account in the name of the Defendant on May 23, 2017, and acquired it by deceiving the victim.

2. The Defendant: (a) around June 23, 2017, at the place specified in paragraph (1); (b) “H located I is expected to take over a postnatal care center; (c) there is insufficient down payment to the victim.

30,000 won shall be lent.