Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

[2015 High Court Decision 1027]

1. The Defendant, on September 12, 2013, received a payment from the victim D at the “C” entertainment station located in Pyeongtaek-si B.

In this regard, even if the victim did not have the intent or ability to work as an employee (on a contact loan) at the above entertainment place in the operation of the victim, the victim made a false statement to the victim that "I will work as an employee from the day after the day of the first day of the payment," and the victim received 4 million won from the victim and acquired it by fraud.

2. The Defendant, even though he did not have any particular property in 2013 and did not have any specific occupation, and even if he borrowed money from the victim D, did not have any intent or ability to repay it.

A. On September 4, 2013, the victim received money from the victim by telephone to the new bank account (E) in the name of the Defendant by deceiving the victim to “the victim is working in Busan but does not go to Pyeongtaek-si.” and then receiving KRW 500,000 from the victim to the new bank account (E) under the name of the Defendant;

B. On September 11, 2013, by deceiving the victim by telephone, that “the parent must pay money to his/her parents if he/she had been residing in Busan,” and receiving 200,000 won from the said account under the name of the Defendant for the borrowed money;

C. On September 22, 2013, the victim deceivings the victim by telephone that “In order to repay prepaid and borrowed money because it is difficult to work as an employee, it is necessary to pay fees,” thereby receiving KRW 400,000 from the damaged person to the above account in the name of the defendant as the borrowed money;

D. On September 29, 2013, by deceiving the victim on telephone, that “a vehicle need to work at a business establishment that is operated by the party because it is difficult to lend Capital,” and that deceiving the victim, he/she received 200,000 won from the damaged person to the above account in the name of the Defendant as a loan.”

E. On October 15, 2013, the victim deceivings the victim by telephone that “it is necessary to have a boomed price, etc. to try to go together with her natives to the business establishment run by the party,” and that deceivings the victim to this effect, the victim would be KRW 400,000 as the borrowed money.