A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

around September 2016, the Defendant stated that “C” at the main point of “C,” located in front of the Busan Dong-gu B market, Busan, and that “A victim D (the age of 62 at that time) will be repaid every 80,000 won per day for 45,00 won per day if he/she lends KRW 3,00,000 as he/she needs to transfer the toilets operated by him/her and to operate the business.”

However, at the time of fact, the Defendant was not the actual operator of “C”, and the personal debt was high without any particular property, so even if he borrowed new money from the victim, he did not have the intention or ability to pay it in full as agreed upon.

Nevertheless, the Defendant, as seen above, by deceiving the victim and received KRW 3 million from the victim under the name of the borrowed money around that time, and from that time until May 27, 2018, acquired the total amount of KRW 89 million from the victim on six occasions, such as the list of crimes in the attached Form (1) in the same manner.

"2019 Highest 1759"

1. On April 2, 2018, the Defendant made a false statement to the victim G at a F store located in Busan, Busan, Busan, on April 2, 2018, stating, “If the Defendant lends KRW 3 million from the lending company to himself/herself, the money would be repaid directly by himself/herself to the lending company, and as regards the remainder of KRW 1 million brought about by the party, the principal and interest of the installment would be repaid to him/her to the lending company on his/her own.”

However, the Defendant did not have any intent or ability to repay 2 million won even if he borrowed from the victim, and even if he received the principal and interest of the remaining one million won loan from the victim, he did not intend to repay by delivering it to the lending company.

As such, the Defendant, by deceiving the victim, received KRW 2,00,000 from the victim on the same day, namely, on the same day as the loan, and continued to exist from April 7, 2018 to April 21, 2018.