A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[2014 Highest 7055] The Defendant did not have any intent or ability to repay even if he/she borrowed money from the victim C because it is difficult to operate the precious metal store operated by the Defendant.

Nevertheless, on April 2006, when the Defendant lent the money to the victim within the Jongno-gu Seoul Diplomatic Group No. 116, the Defendant borrowed the money to the victim within the “E”, he/she would make payment three months later. The Defendant received 30,000 won from the victim and acquired it by fraud.

[2014 Highest 7986]

1. The Defendant was a person who operated a mutually precious metal store in Jongno-gu Seoul Metropolitan Government D Prize 116, and from March 2003, the Defendant was supplied with 10 million won per month from the victim F. However, even if it is difficult to operate the said precious metal store after around 2006, the Defendant did not have the intent or ability to normally repay the price of the goods even if it is supplied by the victim because it is difficult to operate the said precious metal store.

Nevertheless, the Defendant, on January 2006, requested the above victim to supply goods by expanding the size of the goods, and the fact that the Defendant does not have joined the successful bid bid system, saying, “The Defendant is willing to pay 100 million won in full through the successful bid system,” thereby deceiving the victim, and that this year from that time, when the victim was to do so.

6. By August 6, 200, a total amount of KRW 120,890,000 was supplied and acquired by deception.

2. On Aug. 8, 2006, the Defendant drafted a notarial deed by offering as collateral a total of precious metal worth KRW 443,673,00, a market price owned by the Defendant, holding in Daejeon G department store, holding in precious metal store, for the purpose of paying in lump sum the amount of KRW 120,890,000 for goods to be borne by the victim F as described in paragraph (1) at the continental notarial office located in Jongno-gu Seoul Metropolitan Government newspaper No. 116. In addition, the Defendant prepared a notarial deed by offering as collateral a notarial deed the amount of KRW 120,890,000 for goods to be borne by the victim F, as described in paragraph (1).

Nevertheless, the defendant on December 2006 before the due date.