A defendant shall be punished by imprisonment for not less than two years and six months.

Each request for compensation order of this case shall be dismissed.

Punishment of the crime

[2015 Highest 3299]

1. Fraud;

A. On January 27, 2014, the Defendant: (a) asked the victim D (e.g., 54 years old) to take a telephone at G real estate office located in Bupyeong-gu, Seocheon-gu, Seocheon-gu; and (b) asked the victim D (e.g., 54 years old); and (c) that the money needs to be paid.

If there is money, there is a difference between lending and trust.

If the portion is known, the country will also be fully paid.

The phrase “ makes a false statement.”

However, the facts revealed that the Defendant did not have any particular property, and the Defendant’s husband failed to conduct his business, died and disposed of all the property in the name of the Defendant due to death, and it was extremely difficult for the Defendant to conduct an auction, such as having received a court bankruptcy decision, and even if having borrowed money from another person due to lack of certain income, the Defendant did not have any intent or ability to repay the money, and was only thought to be used for the purpose of using the money for living expenses, children’s school expenses, and other debt repayment without a clear change plan.

The defendant deceivings the victim as above and acquired 40,000,000 won from the Saemaul Treasury account in the name of the defendant under the name of the victim for the purpose of borrowing money from the victim.

B. On February 17, 2014, the Defendant, at the same place, can earn profits from selling real estate by advertising to the victim D at the same time. “After receiving a house from a sponsed real estate in a sponsed box, he/she can obtain profits from selling the house by raising the amount of the unregistered registration.

In order to make an investment in money, real estate proceeds will be paid with the money.

The phrase “ makes a false statement.”

However, even if the Defendant received money from the injured party as a real estate investment deposit, it was thought that it was arbitrarily used to repay personal debt to the creditors of the Defendant, such as E, in the form of a "return", and the intent or ability to use it for the purpose of investment, such as purchase of normal real estate, and to pay the proceeds of investment to the injured party.