A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 4, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for six months at the Seoul East District Court for fraud, and the said judgment was finalized on May 12, 2012. On July 18, 2013, the Seoul East District Court sentenced one year of imprisonment with prison labor for fraud at the Seoul East District Court, and the said judgment became final and conclusive on September 26, 2013.

[2013 Highest 1208]

1. On May 20, 2010, the Defendant made a false statement to the effect that “The Defendant would pay back immediately after lending money to the Defendant’s office operated by the Defendant in Songpa-gu Seoul by telephone to the victim E as if the acquisition of the golf course is completed by telephone.”

However, at the time, the above FF golf course was planned to be entrusted management and to take over the above FF golf course more than three years, and since it was difficult for the Defendant to pay the office rent, personnel expenses, etc. of D Co., Ltd. at the time, which was operated by the Defendant, to the extent that it could not be properly paid, there was no intention or ability to complete payment even if he borrowed money from the

Nevertheless, the Defendant, by deceiving the victim as above and immediately from the victim, received three million won from the national bank account (Account Number: H) in the name of the representative director of the said company, and received two million won from the bank account (Account Number: I) in the name of the Defendant on June 17, 2010, and two million won in the name of the Defendant’s bank account on July 20, 2010 and three million won in total in the name of the acquisition fund and office operating expenses of the golf course.

2. On October 12, 2010, the Defendant made a false statement to the effect that “The Defendant, at the foregoing office, performed an operation at the Ginmanian hospital, was urgently needed to discharge the victim from the hospital. The discharge is limited to only three million won.”

However, the defendant did not have any intention or ability to complete payment even if he borrowed money from the victim on the grounds as stated in paragraph (1).

Nevertheless, the defendant is the victim.