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

The defendant pays 80,000 won to an applicant for compensation.

3.2

Punishment of the crime

On December 22, 2017, the Defendant was sentenced to one year and two months of imprisonment for fraud at the Suwon District Court, and completed the execution of the sentence on July 3, 2018.

[2019 Highest 6829]

1. On December 12, 2018, the Defendant made a false statement that “If an officetel deposit is paid to the victim, the Defendant would rent an officetel with the deposit money as a security deposit. If the Defendant would have received the loan and sent the money to the borrower, he/she would rent an officetel.”

However, in fact, the Defendant did not have any particular property or income at the time, and was willing to use the money received from the victim for entertainment expenses and living expenses, so even if receiving the money from the victim, the Defendant did not have any intent to use the entire amount as an officetel deposit, and did not have any intent or ability to pay the money to the victim.

The Defendant, by deceiving the victim as above, received KRW 24 million in total, including KRW 10 million around December 12, 2018, and KRW 3 million around December 24, 2018, and KRW 14 million around January 14, 2019, from the victim’s bank account under the name of the Defendant.

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

2. Around May 29, 2019, the criminal agreement-related criminal Defendant: (a) the victim made a telephone call to the victim in the French area Seoul and does not exceed 5 million won; and (b) so, he/she must undergo an investigation with the police station as he/she has paid off the amount. On the other hand, the Defendant made a false statement that he/she will repay the agreed amount later if he/she borrowed the agreed amount to receive a loan.

However, in fact, the Defendant had no particular property or income at the time and had the intent to use the money for debt repayment and living expenses. Thus, even if the Defendant borrowed money from the victim, the Defendant did not have the intent to use the money in criminal agreement as the promise, and did not have the intent or ability to pay the money to the victim.

The Defendant is as above.