A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Fraud (2015 highest 437);

A. On November 2012, the Defendant stated that “In the city of Bupyeong-gu, Incheon, Busan, the Defendant would engage in the livelihood distribution business at the Incheon coast wharf. At this time, the Defendant would complete the payment without a mold after lending KRW 5 million to the Defendant, holding the salted fish in the Yancheon-gu, Yan-gu, Incheon. At this time, the Defendant said that “I will complete the payment without a mold.”

However, in fact, the Defendant had a debt of approximately KRW 25 million at the time, and the amount of approximately KRW 100 million lost due to the bicycle riding was at least KRW 100 million, and most of the borrowed money borrowed from the victim was thought to be used for the bicycle riding, and thus, there was no intention or ability to repay the money within the period agreed upon by the victim even if he borrowed money from the victim.

Around November 16, 2012, the Defendant, by deceiving the victim as above, received KRW 5 million from the credit union account (Account Number: D) in the name of the Defendant from the victim.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

B. On November 26, 2012, the Defendant stated that “If the Defendant loaned KRW 5 million as the money is insufficient, the principal will be repaid along with the profits by the end of this month until the end of this month, the Defendant would be repaid to the victim C at a mutually influent restaurant located in the Bupyeong-gu Incheon Metropolitan City Busan Metropolitan City.”

However, in fact, the Defendant had a debt of approximately KRW 25 million at the time, and the amount of approximately KRW 100 million lost due to the bicycle riding was at least KRW 100 million, and most of the borrowed money borrowed from the victim was thought to be used for the bicycle riding, and thus, there was no intention or ability to repay the money within the period agreed upon by the victim even if he borrowed money from the victim.

Around November 26, 2012, the Defendant, by deceiving the victim as above, received KRW 5 million from the credit union account (Account Number: D) in the name of the Defendant from the victim.

In this respect.