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

The request of the applicant for compensation shall be dismissed.

Punishment of the crime

"2018 Highest 2463"

1. On May 3, 2016, the Defendant was aware of the fact at a notarized office located in Gangnam-gu Seoul, Gangnam-gu, Seoul on May 3, 2016 that he/she would pay the victim B 25% interest per annum on the loan of money and pay the victim B within one month.

“Falsely speaking,” and to the same purport, the victim prepared a certificate of fairness in lending and borrowing agreements.

However, in fact, the Defendant did not have any intent or ability to repay the above borrowed money as promised to the victim, since he thought that he would use the money borrowed from the injured party as an existing debt repayment or gambling fund under the circumstance that the Defendant merely borrowed money from the injured party with no property or income at the time of the time up to about 30 million won.

As such, the Defendant, by deceiving the victim, received KRW 17.95 million from the damaged person to the bank account (E) in the name of the Defendant, and obtained KRW 50,000 from the delivery of KRW 18 million to the notarial cost.

2. On May 24, 2016, the Defendant, at the same place as the preceding paragraph on May 24, 2016, pays 25% interest per annum if he/she lends money to the victim at the same time as the preceding paragraph, and pays by June 8, 2016.

“Falsely speaking,” and to the same purport, the victim prepared a certificate of fairness in lending and borrowing agreements.

However, in fact, the Defendant did not have any intent or ability to repay the above borrowed money as promised to the victim, since the Defendant thought that he borrowed money from the injured party as an existing debt repayment or gambling fund with no property or income of about 30 million won.

As such, the Defendant, by deceiving the victim, received 20 million won from the damaged party to the said bank account under the name of the Defendant, and acquired it by deceiving the victim.

Around October 28, 2013, the Defendant stated that “Around October 28, 2018, the Defendant borrowed KRW 6 million from the victim F to pay interest on KRW 10,000,000,000 to the victim F.”

(b).