The crimes provided for in paragraphs (1) through (8) of this Article shall be punished by imprisonment for not more than six months and those provided for in paragraph (9) of this Article.

On July 13, 2012, the defendant was sentenced to one year and six months of imprisonment and three years of suspended execution due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the above judgment was finalized on July 21, 2012.

Punishment of the crime

[2012 Highest 2245]

1. On September 15, 2010, the Defendant made a false statement at the Korea University Hospital located in Guro-gu Seoul Metropolitan Government, Guro-do, 148 that “If she lends funds to her friendship to the private teaching institutes located in Gangnam, she would offer the victim money and profits borrowed within one month if she borrowed funds from her friendship to deliver fire extinguishers to the private teaching institutes in Gangnam-gu.”

However, at the time, the defendant did not have any special property and did not have any intent or ability to repay the debt even if he borrowed money from the victim.

The Defendant, by deceiving the victim as above, received KRW 1,900,000 from the victim’s single bank account (E) under the name of the Defendant, and received KRW 2,200,000,000 from the victim around that time.

2. On September 30, 2010, the Defendant made a false statement to the said victim stating that “I would give the said victim a loan of money in order to deliver a phrase to a private teaching institute by Gangnam-gu, in the same place.”

However, the above facts did not have the intent or ability to repay the money of the victim.

The Defendant, by deceiving the victim as such, was transferred KRW 9,00,000 to the said one bank account twice around that time by the victim.

3. Around October 11, 2010, the Defendant, without intention or ability to repay the fact at the same place, deceiving the said victim by the same method without any intention or ability, and accordingly, was transferred from the victim to the said single bank account three times via the time.

4. The Defendant, on or around December 10, 2010, at the same place, stated that “Around December 10, 2010, the Defendant would make a full payment to the said victim without any intent or ability to repay, with a loan from the Defendant, even if it is necessary to pay money in connection with his/her parent-child business.”