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

The defendant pays 247,00,000 won to the applicant for compensation by fraud.

3.2

Punishment of the crime

The Defendant, from June 2004 to June 2007, was a person who had a relationship with the victim B from around July 2005, and from around July 2005 to around June 2007, paid a high rate of interest (15% per annum) to the victim every month when investing in stocks with money borrowed from the victim and the Defendant’s funds, etc., and caused the victim’s refund. Since around July 2005, the Defendant continued to borrow money from the victim even though he did not have sufficient means to fully repay the principal and interest, even if he borrowed money from the victim due to cumulative loss incurred by stock investment, and thus, he did not borrow money from the victim to use it as stock investment and living expenses.

On May 18, 2016, the Defendant was granted KRW 247,00,000 on seven occasions in total from March 31, 2017, as indicated in the attached list of crimes, in addition to the receipt from the victim of the transfer of KRW 20,000,000 from the D account in the name of the Defendant on the day when the Defendant borrowed money to the victim who is within the country, and received KRW 247,00,000 from the victim.

However, at the time of fact, the defendant did not have any intention or ability to repay money properly even if he borrowed money from the victim due to the situation where the defendant had a debt of KRW 1.1 billion against the above C without any particular property or income.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 247,00,000 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Copy of the passbook, personal account book, notarial deed of a money loan contract, cash storage certificate, loan certificate, each certified copy of the register, detailed statement of deposit transactions, details of the details of transactions in the passbook, and details of transactions in the securities account;

1. Application of the Acts and subordinate statutes on response data from each FF bank and DNA response data;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 37 of the Criminal Code among concurrent crimes.