A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[2014 Highest 1719] The Defendant, from around September 2009, engaged in credit business with the trade name “E” in Ulsan-gu, Ulsan-gu, Seoul-do, and was revoked due to the expiration of the term of validity of credit business on September 201, and was thereafter without a certain occupation.

On August 6, 2012, the Defendant made a false statement to the victim F, “I will pay the victim F with no money within two months, if I lend the money.”

However, at the time of fact, the Defendant was unable to engage in the credit business from September 201, when the registration of the credit business was revoked, and there was no particular income, and there was no property, and the obligation was more than one billion won, and most of the loaned money was difficult to recover from the malicious bonds, and there was no intention or ability to repay the loan even if it was borrowed money from others.

Nevertheless, the Defendant, as seen above, received KRW 163 million from September 7, 201 to September 25, 2012, including the transfer of KRW 10 million from the said victim to the Agricultural Cooperative Account (Account Number G) in the name of the Defendant on the same day from September 7, 2011 to September 25, 2012, as indicated in the List of Crimes (In the judgment No. 5), by deceiving the said victim, the Defendant received a total of KRW 163 million from three victims as the borrowed money.

[2014 Highest 2153]

1. Around October 31, 2011, the fraud Defendant stated that “If the Defendant has provided a credit business as security and has provided money to a high school owner H, the Defendant would pay interest on the third part of each month,” at the lending business office of Ulsan-gu, Ulsan-gu, Seoul-gu, “E” located in his/her operation, “E” to the victim H, who is a high school owner. Moreover, the principal would be immediately repaid at the end of each month before the month.”

However, the Defendant was unable to engage in credit business from September 201, when the registration of credit business was revoked, and there was no particular income, and there was no other property, and even if the Defendant additionally borrowed money with the debt of one billion won or more, it is against the existing creditors.