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

Punishment of the crime

"2017 Highest 5138"

1. On October 3, 2016, the Defendant: (a) around October 3, 2016, against the victim B, at a non-permanent certified judicial scrivener office located in the regular district of Gwangju, Seo-gu; (b) on October 3, 2016, the victim B ought to proceed with division of property, etc. in a divorce lawsuit with her husband; and (c) on January 3, 2017, if the litigation cost is required, the Defendant lent KRW 30 million to the victim B, he/she would pay

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

The Defendant, as such, by deceiving the victim, received KRW 30 million from the victim.

2. On October 4, 2016, with respect to the victim B, if the Defendant used the phone call to the victim on October 14, 2016 and additionally lent KRW 20 million to the victim as a litigation cost, the sum of the loaned money up to January 3, 2017 should be repaid until January 3, 2017. If it is impossible to repay, the Defendant said that he/she would transfer the right to lease on a deposit basis under the name of the Defendant on the Seo-gu apartment unit in Gwangju-gu.

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it, and he did not have the intention or ability to transfer the right of lease on a deposit basis if not repaid.

The Defendant, as such, by deceiving the victim, received KRW 20 million from the victim.

"2018 Highest 676"

3. On December 28, 2015, the Defendant against the victim E stated that “A victim E was an employee at the G restaurant located in the 1st, Seo-gu, Gwangju, Seo-gu, Seoul, where the Defendant operated, the head of the Tong attached the amount of money. When the tax is paid, the head of the Tong is seized. Upon the seizure of the tax, the head of the Tong would recover the money, and may receive the money that the Defendant borrowed to his/her relative at the time of being affiliated with the insurance company, and may receive the money that he/she has paid, and may receive the money that he/she has paid to his/her relative at the time of being affiliated with the insurance company, and may receive the money that he/she has paid in monthly.”

However, in fact, the defendant did not have any particular property at the time, as well as from around 2012.