A defendant shall be punished by imprisonment for two years.

Punishment of the crime

The Defendant, who operated the “D Real Estate” in Dongjak-gu Seoul Metropolitan Government, had invested KRW 8-990,000,000 from E, etc. and had not been paid the monthly interest of KRW 10,000,000,000 from G Co., Ltd. to H, an operator of the F apartment, an agent for the implementation of the F apartment, but had not been paid the monthly interest of KRW 10,000,00,000.

1. Fraud to K of a victim;

A. On January 31, 2008, the Defendant stated to the effect that “The Defendant would pay three copies of interest per month if he/she lends money to the victim. If he/she wishes to return money, he/she will immediately repay the money at any time.”

However, the defendant did not have any intent or ability to repay the debt even if he borrowed money from the victim, such as the debt amounted to KRW 900 million on January 2008 and there is no property.

The Defendant, by deceiving the victim as such, was transferred from the victim to the new bank account in the name of the Defendant to the new bank account in the name of the Defendant, KRW 50 million on February 1, 2008, and KRW 20 million on February 2, 2008.

B. On July 11, 2008, the Defendant called the victim’s telephone to the effect that “The Defendant is making an investment in a building newly constructed in the present Measures Agency, and the funds are insufficient. If the Defendant borrowed money, the principal and interest already borrowed shall be paid without a mold.”

However, the defendant did not have any intent or ability to repay the debt even if he borrowed money from the victim, such as the debt amounted to KRW 900 million on January 2008 and there is no property.

As such, the Defendant deceivings the victim, and thereby, from the victim, KRW 100 million to the new bank account under the name of the Defendant on the same day.