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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On July 10, 2015, the criminal defendant against the victim B calls the victim B at an unsound place and calls the victim B to sell goods to the victim B. When lending money, the defendant made a false statement that he/she would pay KRW 300,000 per month after the second month of the lending of money.

In fact, the defendant had no particular property at the time, and there was no special property, and operated the system by the so-called return prevention method such as borrowing money from the other party or receiving the loan from the financial institution due to the lack of the guidance to be paid to the members of the operating fraternity, etc., and even if he borrowed money from the victim, he was planned to use the money as repayment of separate debts and the defendant's living expenses, etc. even if he borrowed money from the victim, he did not have any intention or ability to repay the money.

Nevertheless, on July 10, 2015, the Defendant received KRW 10 million from the victim in a way that the Defendant did not pay KRW 10 million to the victim for the borrowed money, and thereafter received KRW 70 million through seven times in total, as shown in attached Table 1, until February 17, 2017.

Accordingly, the defendant was given property by deceiving the victim.

2. On November 10, 2013, the criminal defendant against the victim C calls the victim C at an unspecified place and calls the victim C to sell goods to the victim’s explanation section. On or after the second month, the criminal defendant made a false statement that he/she would pay the victim KRW 300,000 per month with the loan of money.

In fact, the defendant did not have any particular revenue at the time and did not have any special property, and the defendant was planned to repay the separate debt borrowed in order to pay the fine received from the victim in violation of the Electronic Financial Transactions Act before receiving the money from the victim.