A defendant shall be punished by imprisonment for three years.

Punishment of the crime

2014 Highest 979

1. On June 21, 2013, the criminal defendant against the victim C made a false statement to the victim C by phone calls from the Gangnam-gu Seoul Metropolitan Government Geumdong (Seoul), stating, “The defendant shall pay KRW 100 million within four days if he/she lends money to the Home shopping, as he/she is urgently required to pay money for the purchase of bedclothes to be supplied to the Home shopping, and the remaining KRW 200 million shall be repaid within one month, and the interest shall be paid at 3% (9 billion won per month).”

However, even if the Defendant borrowed money from the victim, he/she was thought to use his/her personal debt repayment, etc., and not only did he/she have any property at the time but also had three creditors, such as D, with a debt amounting to 600 million won. Thus, even if he/she borrowed money from the victim, he/she did not have any intent or ability to repay

As such, the Defendant deceivings the victim and acquired 300 million won from the victim.

2. On October 16, 2013, the Defendant made a false statement to the victim E by phoneing the victim E from the subway station located in the Seoul Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government (hereinafter “Seoul Mapo-gu”) to the effect that “I will immediately repay money borrowed three (3) days after accepting the transaction details of the passbook if I lend KRW 200 million to the company.”

However, even if the defendant borrowed money from the victim, he was thought to use it for the defendant's repayment of his personal obligation and the price of the credit, and there was no property at the time, and there was a debt equivalent to KRW 600 million for three creditors, such as D, and therefore there was no intention or ability to pay it within three days.

As such, the Defendant, by deceiving the victim, obtained KRW 50 million from the victim and acquired it by deception.

2014 Highest 1121

1. On October 13, 2012, the Defendant’s fraud against the Victim F calls to the Victim F, and “in the course of transactions with a domestic large home shopping company, 50 million won is needed as the price for goods.”

3. Money;