Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On August 8, 2019, the Defendant was sentenced to a suspended sentence of two years for eight months due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Incheon District Court, and the said judgment became final and conclusive on August 17, 2019.

1. On March 9, 2016, the Defendant, at the office of the victim C, operated by the victim C in Seo-gu Incheon, Seo-gu, Incheon, stated that “The Defendant would pay high-income profits if he/she makes an investment in money.” This would lend only KRW 5 million to the victim. If he/she borrowed money, he/she would make an investment and make a repayment within three days after he/she paid a profit.”

However, the defendant did not have any intention or ability to pay profits within 3 days from using the money even if he borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received five million won from the victim to the FF Bank account (G) in the name of the Defendant E on the same day.

2. Around July 12, 2016, the Defendant, at the place specified in the foregoing paragraph (1) at the time, concluded that “The Defendant received KRW 50 million from H with the maturity of a bill discounted before the transfer. Of them, the Defendant borrowed KRW 20 million to KRW 1,00,000,000,000 prior to the lending of money. The Defendant repaid KRW 5 million up to July 31, 2016, and repaid KRW 20 million up to September 30, 2016. If so, the Defendant would offer the vehicle owned as collateral.”

However, the Defendant did not own any property under the name of the Defendant at the time, and there was no certain income except the monthly salary of 4 million won per month, and the re-scheduled vehicle did not have the right to dispose of the vehicle because the Defendant was not operating the vehicle leased by another business operator. Therefore, even if the Defendant borrowed KRW 20 million from the victim, there was no intention or ability to repay it in accordance with the promise or to transfer it to the said re-scheduled vehicle as security.

Nevertheless, the defendant deceivings the victim as above.