A defendant shall be punished by imprisonment for a term of one year and four months.

The defendant is an applicant for compensation, who is an applicant for compensation, of KRW 10,000,00,000.

Punishment of the crime

[2013 Highest 496]

1. Fraud;

A. On September 16, 2011, the Defendant: (a) called the Victim G by phone to the victim within the Fyang store operated by the Defendant in Dong-gu, Dong-gu, Seoul; and (b) stated that “The Defendant would have to pay a balance if he/she lends KRW 10 million to the Defendant.”

However, in fact, even if the Defendant was to have borrowed money from the victim again to H, it was anticipated that the victim would not lend money due to the good credit of H when he was aware of this fact. Since the operation of the mass store operated by the Defendant was not smooth, H did not have any intent or ability to repay the borrowed money, even if the Defendant borrowed money from the victim, as long as H did not pay the borrowed money.

As above, the Defendant, including by deceiving the victim as above, received KRW 10 million from the victim as the borrowed money, namely, from the victim, at the seat, from the time to March 11, 2013, received the total sum of KRW 18 million from the victims over 12 times, as shown in the annexed List of Crimes (1) from March 11, 2013, and acquired it as the borrowed money.

B. On December 3, 2012, the Defendant: (a) organized up to 18 members of the J restaurant located in the East Sea City I, including 16 members, including the victim K, at the J-A restaurant located in the East Sea on December 3, 2012, the Defendant stated that the said victims “the Defendant will receive the fraternity from the members of each month, and will take the order in the order of payment.”

However, in fact, the defendant did not have any intention or ability to pay the guidance money to the victims even if he received the guidance money from the victims, since he thought that all the guidance money was paid or lent to H in order to receive the money lent to H.

As above, the Defendant, including deceiving the victims, received KRW 9 million from the victims, namely, from the victims, as a deposit of accounts.