A defendant shall be punished by imprisonment for four years.

Of the facts charged in the instant case, the charge of embezzlement against the victim C shall be acquitted.

Punishment of the crime

"2017 Gohap 323"

1. Fraud against victim D;

A. The Defendant, on August 31, 2009, made an investment in purchasing F lending from the victim D on August 31, 2009, under subparagraph 2 of the Nam-gu Incheon E-gu, Incheon, to resell the real estate later and divide the principal of the investment and the profits from resale into 50%.

“A false statement” was made.

However, the Defendant was a bad credit holder at the time, and had a debt worth of KRW 800 million without property under his/her name. Since the real estate transaction was discontinued after around 2008, the Defendant’s real estate resale business did not run normally as well as the Defendant’s real estate resale business. Since the Defendant borrowed money from another person without capital and used the money in the so-called “return prevention” form to repay it to another creditor, the Defendant did not have any intent or ability to pay the principal and profits to the victim even if he/she received an investment from the victim.

As above, the defendant deceivings the victim and received 5 million won via the Agricultural Cooperative Account (Account Number H) in the name of the defendant's wife G from the victim as investment money, and acquired 2.5 million won worth of 2.5 million won from the victim under the name of investment money during seven times from August 24, 2009 to December 24, 2009, as shown in attached Table 1 of the List of Offenses 1, as well as from August 24, 2009 to December 24, 2009.

B. On September 12, 2009, the Defendant is entitled to receive interest from the victim on the part of the ordinary land (i.e., a building) by lending money to a person who is in need of money in horse racing at the place of the I building, and the principal is charged to the person who is unable to repay the principal.

When a person lends money to him/her, he/she will lend money to another person and receive interest and pay the principal and interest.

“A false representation was made.”

However, in fact, the Defendant was in an economically difficult condition, such as the foregoing paragraph (a), and the amount borrowed from the injured party is used to prevent the return as above.