The defendant shall be punished by imprisonment with prison labor for four months and by one year and six months for the crime of embezzlement in the judgment.

Punishment of the crime

[2015 Highest 2680]

1. On May 2010, the Defendant: (a) sent a son with a son’s introduction around 2010.

On May 18, 2011, the Defendant made a false statement with the Defendant in Seongdong-gu Seoul Metropolitan Government and the victim living together, stating that “If he/she lends money to the victim, he/she would pay 1% interest per month and return the principal at any time by investing in E-gu working at an entertainment drinking house.”

However, the defendant did not have the intent or ability to invest the money received from the victim to E.

As above, the Defendant, by deceiving the victim as above, received 55,00,000 won from the victim as the borrowed money.

2. Around August 19, 2011, the Defendant made a false statement to the victim that “The Defendant would enjoy a large profit from running an entertainment drinking club. If the Defendant borrowed money with a loan from a deposit money, he/she would pay money by running an entertainment drinking club.”

However, the defendant did not have the intention or ability to operate an entertainment drinking house with money received from the victim.

The Defendant, as above, by deceiving the victim, had the victim borrow a loan from the former loan, and received 130,000,000 won from the victim as the loan, on the same day.

3. Around December 9, 2011, at the place specified in paragraph (1) of the same Article, the Defendant made a false statement to the victim that “I wish to enter under the E-gu in which he/she operates an entertainment drinking club,” and that “I would pay 30,000,000 won to E with all of the borrowed money from E’s entertainment drinking club if I invested in E.

However, the defendant did not have the intent or ability to invest the money received from the victim to E.

The Defendant, by deceiving the victim as above, had the victim transfer KRW 30,000 to the new bank account (F) in E on the same day, and wired the above KRW 30,000,000 from E to the Defendant’s corporate bank account (G).