A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[2018 Highest 4800] Defendant and victim B are private villages.

1. Around August 12, 2017, the Defendant, who opened and run a business with Category D 1 points in B in Naju, was to start up a business with Category D2 points by investing the victim and one hundred million won each.

Around November 15, 2017, the Defendant stated that “D 2 points were leased to a lessor for a deposit amount of KRW 100 million,” and that “the lease contract was concluded on the deposit amount of KRW 50 million, which is necessary to pay the balance, shall be paid to the victim the remainder of KRW 40 million after deducting the amount of the existing claim that the victim had against the Defendant, out of KRW 50 million.” The Defendant received from the victim to G account in his name, the sum of KRW 45 million and the Defendant’s sum of KRW 15 million and KRW 15 million were paid to the lessor, and the lease was terminated due to failure to pay the balance thereafter, and the lease was returned from I to the victim on April 2, 2018 and embezzled for a personal purpose without returning it to the victim for the said personal purpose.

2. On March 14, 2018, the Defendant called “the Defendant shall purchase heavy machinery for the opening of the Category D 2 store business” by phoneing the victim at the above Category D 1 store and paying KRW 20 million to the Defendant.”

However, even if the defendant borrowed money from the victim, he did not intend to use it for the purchase of machinery for marina business.

As above, the Defendant, by deceiving the victim and deceiving him from the victim to the above G account in the name of the Defendant on the same day.

[2018 Highest 5360] On August 7, 2017, the Defendant paid the victim L with lease contract and the test cost, etc. at the “K” Kaf, which is located in theJ of J of the Jeonnam-si of the Republic of Korea.