Defendant shall be punished by imprisonment for a term of one year and eight months.

54,000 won out of the costs of lawsuit shall be borne by the defendant.

Punishment of the crime

On January 24, 2014, the Defendant was sentenced to eight months of imprisonment by this court due to fraud, theft, computer, etc. fraud, embezzlement, attempted fraud, embezzlement of deserted articles in possession, embezzlement of possession, and violation of the Act on Specialized Credit Financial Business. On September 22, 2014, the Defendant completed the execution of the sentence at Busan Correctional Institution.

[2016 Highest 5212, hereinafter “5212”)

1. The Defendant, who acquired money under the name of the borrowed money from October 2015, was cling with the victim C, and around December 31, 2015, the Defendant requires the victim to pay money individually from “the point where the Switzerland is located in the Republic of Korea (St. Dosan-dong, Busan)” (hereinafter “St. Dosan-dong”).

In the event of the receipt of the proceeds of construction, the purport was to say that it would be 5 million won to lend the proceeds of construction.

However, the defendant did not have any money to receive the construction cost at the time, and there was no intention or ability to pay the money even if he borrowed the money from the injured party due to no special income.

The Defendant received from the injured party a remittance of KRW 5 million under the name of the Defendant from the Busan Bank account (D) to the Busan Bank account in its name.

Accordingly, the defendant was given five million won by deceiving the victim.

2. The Defendant, in the name of personnel expenses related to the purchase of apartment units, has expressed to the victim C of the Pyeongtaek-gu that “if he/she gets married later, he/she will become a director at a larger house.” From January 2016, the Defendant began to mention “E apartment” as a house to the director from around January 2016.

On January 15, 2016, the defendant needs to pay money to the victim for personnel expenses from the victim's house (F apartment 2 Dong-dong 406, Busan Dong-gu) around January 15, 2016.

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However, in fact, the defendant only intended to receive money from the injured party for personal use, and there was no intention or ability to live together with the injured party by entering into the E apartment sales ledger or purchasing the E apartment house later with the injured party.