A defendant shall be punished by imprisonment for not less than eight months.

The defendant pays 40,000,000 won to the applicant for compensation by deceit.

3.2

Punishment of the crime

[2019 Highest 1902]

1. On November 12, 2015, the Defendant made a false statement that “A victim E, who was hospitalized in the D Hospital Hospital Hospital Hospital Hospital Hospital Hospital Hospital Hospital Hospital Hospital Hospital Hospital Hospital in Bupyeong-si, Seocheon-si, would have received money from the company.”

However, the defendant is not an attorney-at-law, and even if he receives money from the victim as a litigation cost due to the need for living expenses in the state of absence of certain income at the time, he did not have the intention or ability to proceed with the lawsuit claiming compensation for damages of the victim.

As above, the Defendant, by deceiving the victim as above, was transferred from the victim to the F bank account in the name of the Defendant, KRW 4 million around November 12, 2015, KRW 10 million around December 26, 2015, KRW 2 million around August 31, 2016, and KRW 16 million in total from August 31, 2016.

[2019 Highest 2187] The Defendant is a person who engages in real estate business under the trade name of “H” from Pyeongtaek-si G.

The defendant introduced the victim B (n, 66 years of age) through friendly job offering I, and the victim was incorporated into the "K Urban Development Project" in the name of the husband of the victim, such as Pyeongtaek-si J, etc., with the land of KRW 1.455 billion as the victim was incorporated into the "K Urban Development Project", but he was aware that it was under civil litigation because he did not receive compensation for the building.

2. Around October 2018, the Defendant involved in the fraud of compensation said that “M” was the victim’s “M” restaurant located in Pyeongtaek-si L, Gyeonggi-do, and 2.8 billion won, and the compensation was paid to the victim. It was why why 1.45 billion won was incurred. As the Defendant would receive more compensation, it was false that 10 million won was the activity expenses.”

However, the Defendant did not have any way to further receive compensation from the victim, and the Defendant had a debt equivalent to KRW 17 million to the spouse at the time, and had no living expenses. Therefore, the money is considered as activity expenses.