Defendant shall be punished by imprisonment for not less than three years and six months.

The application for compensation order of this case shall be dismissed.

Punishment of the crime

The Defendant was sentenced to ten months of imprisonment with prison labor for fraud, etc. at the Cheongju District Court on June 26, 2015, and the said judgment became final and conclusive on July 4, 2015, and the right to appeal was restored on March 14, 2019, and the appellate court is proceeding.

【Criminal Facts】

1. Fraud against the victim X;

A. On April 13, 2009, the Defendant made a false statement to the effect that “The Defendant would repay money by the end of April 2009 if it lends money to the Defendant for opening a game room.”

However, in fact, the Defendant did not have any particular property or fixed income at the time, and was unable to repay 30 million won such as bank and card companies loans to the neighboring people with bad credit standing, and was unable to lend money to the neighboring people. The Defendant did not have any intent or ability to repay the money even if he borrowed money from the victim in an unclear state.

The Defendant, as above, by deceiving the victim, received KRW 7.2 million from the victim around April 13, 2009.

B. Around April 16, 2009, the Defendant stated that “The money borrowed on April 13, 200 is required to be paid together by the end of April 2009, when lending KRW 3,500,000 to the victim, using both the contract and the machinery purchase fund,” in the street near the Z Hospital located in Chungcheongnam-gu, Chungcheongnam-gu, Y.”

However, in fact, the defendant was thought to use money from the victim for gambling, and even if he borrowed money from the victim as described in the above 1-A at the time, he did not have any intention or ability to repay it.

The Defendant, as above, by deceiving the victim, received KRW 3,480,000 from the victim around April 16, 2009.

C. Around April 28, 2009, the Defendant may open the game room law to the victim in QA near Jung-gu, Chungcheongnam-gu, Chungcheongnam-gu.

Cheongju-si.