A defendant shall be punished by imprisonment for two years.

Punishment of the crime

On March 17, 2014, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Eastern District Court on March 25, 2014 and the judgment became final and conclusive on March 25, 2014.

[2014 Highest 1602] On February 6, 2009, the Defendant stated that “In case where the Defendant has lent money to the victim F in return for the credit card payment to the 2.5% interest at every ten days, and the principal will be returned at any time only seven days prior to the opening of the 201st century.”

However, even if the defendant borrowed money from the victim, he was thought to use it for the personal repayment of the defendant's obligation, and there was no intention or ability to pay the interest and principal to the victim.

On February 6, 2009, the Defendant, by deceiving the victim as above, received KRW 14 million from the victim’s wife G account on February 6, 2009, and received KRW 14 million in total from the H and I’s account designated by the Defendant, and acquired KRW 28 million in total from April 10, 2009, as shown in Appendix I, from that time to that time, the Defendant acquired KRW 290 million in total from April 10, 2009.

[2015고단501] 피고인은 2009. 1.경 서울 종로구 C에 있는 D약국 뒤편에 있는 지인 E의 사채 사무실에서 피해자 J에게 “내가 K시장에서 큰 규모로 의류(일명 ‘땡처리 의류’) 판매 사업을 하는데, 사업 관련해서 금원을 차용해 주면 빠른 시일 내에 원금을 갚고, 변제시까지 1주일마다 4%의 이자를 지급해주겠다”고 말하였다.

However, in fact, the Defendant was in a bad credit position from around 1995, and was engaged in the business of selling dumping clothes, but there was no certain amount of income, and there was a situation where the Defendant had been given pressure to repay the principal and interest equivalent to KRW 00 million from creditors L, M, etc. around that time, and even if the Defendant borrowed money from the victim, the Defendant is an individual.