A defendant shall be punished by imprisonment for not less than eight months.

An applicant for compensation shall be dismissed.

Punishment of the crime

[2013 Highest 1374]

1. On April 201, 201, the Defendant made a false statement to the victim C, who had been aware of the D apartment 103 Dong 213 and 20 years prior to the early 20 years of residence, with the phone call from the said apartment residents, stating that “I will pay money on the date when I request money if I lend money to 20 million won due to the shortage of funds. I will pay one copy of the interest.”

However, at the time, the Defendant borrowed money from the other parties in order to use the Defendant’s credit card use price for living expenses, etc., and borrowed money from the other parties in order to repay it. The Defendant borrowed money from the other parties in order to repay it. There was a loan equivalent to KRW 140 million in total to the Agricultural Cooperatives as security of the housing amounting to KRW 1.5 million in the market price of the Defendant’s possession, and the total amount of the debt borrowed from the other parties exceeds KRW 2 million in total,00,000,000 in interest to be paid to the creditors in one month, even though the Defendant did not have any intention or ability to repay it even if he borrowed money from the victim because it did not have any income.

Nevertheless, around April 8, 2011, the Defendant received KRW 8.1 million from the victim as the passbook in the name of the Defendant, and KRW 9 million from May 11, 201, respectively, and obtained KRW 2.9 million from the victim in cash. Around that time, the Defendant acquired 20 million in total by deceiving the victim or receiving KRW 2.9 million in cash.

2. On March 2012, 2012, the Defendant called the victim at the same place as the above Paragraph 1, and falsely called, “The operating expenses shall be paid in the course of operating the business. When lending money, he/she will pay the money on the day when he/she requests the money. I will pay one copy of the interest.”

However, even if the Defendant borrowed money from the victim as stated in the above Paragraph 1, he did not have any intent or ability to repay it, and he did not operate the business at the time.