A defendant shall be punished by imprisonment for a term of one year and three months.

An application for compensation by an applicant for compensation shall be dismissed.

Punishment of the crime

[2018 Highest 1087]

1. On June 2016, the criminal defendant against the victim B made a false statement to the victim B at the D coffee shop located in the Seocho-si, Seocho-si, 2016, stating, “I have to perform the surgery immediately when I have been hospitalized. In addition, I have to pay back the principal and interest of each month if I have borrowed money. I have to pay back all the borrowed money until December 2016.”

However, in fact, at the time when the Defendant did not have any specific property and borrowed money from the victim, the Defendant did not have any intent or ability to repay the money to the victim since the principal and interest to be repaid every month is more than the monthly wage of the Defendant. Even if the Defendant borrowed money from the victim, her mother did not have an intent to repay the above existing loan, and her mother did not have an intention to do so.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim on June 25, 2016, KRW 10 million on or around the 26th day of the same month, KRW 10 million on or around the 27th day of the same month, KRW 10 million on or around the 29th day of the same month, KRW 57,898,500 on or around the 30th day of the same month, and received KRW 97,898,500 on or around the 30th day of the same month, from each transfer to the Defendant’s corporate bank account, and received KRW 97,898,500 on

2. Around January 11, 2017, the Defendant of the Victim (E) filed an application for a credit loan by telephone call with F, an entrusting corporation of the lending recruitment of the victim E, and the Defendant falsely concluded that he/she will repay the principal and interest of KRW 25.3 million at around 11.5% per annum and 27.9% per annum every month when he/she borrowed the loan.

However, as described in Paragraph 1, the Defendant did not have any particular property, and there were many existing liabilities such as obligations to the above B, and even if the Defendant received a loan from the victim by filing an application for a loan to other loan companies on the same day, the Defendant did not have any intent or ability to repay the loan even if he received a total of KRW 75 million.