A defendant shall be punished by imprisonment for two years.

Punishment of the crime

【2014 Highest 2729】

1. Around January 29, 2014, the Defendant entered into a false statement with the victim D, stating, “F” in the “F operated by the Defendant adjacent to the building of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, that “A project fund is needed to carry on a mutually beneficial business. If the Defendant borrowed money, he/she would pay the interest twice a month and pay the money at any time if he/she requests a prior reimbursement.”

However, the facts are that the glass business of the Defendant’s birth G has already been carried out since 4-5 years ago, because it is difficult to operate the business, making it difficult to borrow business funds and operate the business. On May 2014, the Defendant did not have any intent or ability to repay the borrowed money as agreed even if he/she received the money from the victim as the borrowed money due to the difficulty in operating the business.

As above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim as the Defendant’s national bank account (Account Number H) in the same day from the victim, and received KRW 51,50 million in total from the victim four times during the period from October 2010 to June 10, 2014, as indicated in [Attachment Table 1-1-4] to June 10, 2014.

2. On November 9, 2012, the Defendant: (a) made a false statement to the victim I that “F”, “F,” which the Defendant was operated by the Defendant, stated that “When the Defendant borrowed money, a business fund is needed to carry on a mutually beneficial business; (b) if the Defendant borrowed money, he/she will pay the interest twice a month and pay the money at any time if the money is requested to be repaid in advance.”

However, the facts are that the glass business of the defendant's birth G is already difficult to operate prior to several years, and it is difficult to borrow business funds and make no profits from the relation of operating business.