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

Punishment of the crime

1. Fraud against the victim C;

A. At around March 2008, the Defendant stated to the effect that “I would pay the amount of money that I would pay if I would like to have attached a retirement allowance, and I would have lent the money that D would have to pay if I would have borrowed the money that D would have to pay.”

However, as the Defendant retired on or around August 31, 2008, the Defendant had not yet received retirement pay at that time, and was not subject to the seizure of retirement pay, and most of the monthly wages consumed by horse racing and became more than KRW 100 million, while there was no particular property, there was no intention or ability to repay the amount on the agreed date even if he borrowed money from the said victim due to lack of any other property.

Nevertheless, the Defendant, as above, by deceiving the above victim from the said victim to the account under the E name of March 3, 2008, transferred the sum of KRW 8 million around March 7, 2008, KRW 9 million around March 7, 2008, KRW 3 million around March 12, 2008, and acquired KRW 5 million around April 2, 2008, KRW 15 million around April 2008, and KRW 15 million from the said victim to the account under the D’s name.

B. On March 1, 2009, the Defendant issued a loan certificate of KRW 50 million to D and the victim C, stating to the effect that “if there is KRW 15 million, the retirement allowance attachment is different. If an additional KRW 15 million is leased, the attachment of retirement allowance shall be terminated and the sum of the previously lent money shall be repaid within 3 weeks.”

However, the Defendant had no intention or ability to repay on the agreed date, even if he/she borrowed money from the said victim in a state of absence of any particular property after his/her retirement on August 31, 2008.

Nevertheless, as above, the defendant deceivings the above victim, and then acquired the above victim's KRW 15 million from the above victim around March 2009.

2. The criminal defendant against the victim F is located in Gangnam-gu Seoul on January 2008.