Defendant

A Imprisonment for four years, and Defendant B shall be punished by a fine of one million won.

Defendant

B does not pay the above fine.

Punishment of the crime

On April 15, 2008, the defendant was sentenced to imprisonment for one year for fraud at the Seoul Central District Court on April 15, 2008, imprisonment for six months and for four months as a crime of embezzlement at the same court on May 8, 2008, and imprisonment for two months at the same court on May 28, 2009, and completed the execution of the above final sentence on March 13, 2010.

[2012 Highest 4279]

1. Fraud;

A. On August 23, 2010, the criminal defendant against the victim E calls to the victim E and made a false statement to the effect that “When our company is subject to a tax investigation, it is prohibited to make a loan because of the suspension of all the passbooks, cards, etc. under its name. If N.N. lending 25 million won to N.N., if N. L. lending her entire amount including interest after three weeks, it would also lend her money if she becomes aware of credit card loans.”

However, even if the defendant borrowed money from the victim, he did not have any intention or ability to repay it.

As above, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim on August 24, 2010, KRW 5 million on August 25, 2010, KRW 5 million on August 26, 2010, KRW 4 million on August 26, 2010, KRW 3 million on August 26, 2010, KRW 25 million on August 27, 2010, and KRW 3 million on August 27, 2010.

B. Around April 14, 2010, the Defendant made a false statement to the Victim F that “AF shall pay a debt of 1.2 billion won in the name of the victim, which is due to the purchase of real estate owned by our family members. It is insufficient for the Defendant to sell real estate owned by our family. The Defendant borrowed money to the victim F, i.e., “I will pay a debt upon the settlement of the day.”

However, even if the defendant borrowed money from the victim, he did not have any intention or ability to repay it.

The Defendant, as above, by deceiving the victim as above, shall be KRW 6.5 million on April 14, 2010; KRW 100,000 on April 22, 2010; KRW 10,000 on April 23, 2010; KRW 3 million on May 6, 2010; KRW 4 million on June 5, 2010; KRW 5 million on September 25, 2010; KRW 3.5 million on September 26, 2010; KRW 35 million on November 6, 2010; and KRW 100,000 on December 21, 2010 on December 4, 2010;