A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

1. On December 2013, the Defendant: (a) purchased and sold the land with another person; and (b) purchased and sold the land to the victim D at the Guro University Hospital in Gwangjin-gu, Seoul Special Metropolitan City; and (c) made a false statement that the Defendant would sell this land within one month and make an investment twice the amount of the investment.

However, even if the defendant did not carry out the land sale business at the time, and even if he received money from the injured party, he did not have the intention or ability to return twice the amount invested to the injured party as he would use it for other business.

As such, the Defendant, by deceiving the victim, was transferred to the Agricultural Cooperative Account in the name of the Defendant, KRW 47 million, which was the sum of KRW 17 million around December 10, 2013 from the victim, and KRW 30 million around December 12, 201 of the same month from the victim, to the Agricultural Cooperative Account in the name of the Defendant, under the pretext of investment.

2. On November 3, 2014, the Defendant sent a phone to the victim at a non-displace and received an agreed amount from the Plaintiff to receive a promissory note equivalent to KRW 300,000 from the Plaintiff. As such, the Defendant made a false statement to the effect that he/she would repay the amount to the Plaintiff within one month on the loan of KRW 15,00,000 to the agreed amount.

However, the defendant did not use it as a contract deposit, but was thought to use it as the living cost of the defendant, and even if he borrowed money from the victim, he did not have the intention or ability to pay it

The Defendant, as such, by deceiving the victim, received from the damaged party the remittance of KRW 15 million to the account of the said Defendant under the pretext of borrowing money from the same day.

3. On November 25, 2014, the Defendant made a false statement to the victim at a non-permanent place, stating that “The Defendant would lend KRW 10 million as it is necessary to take over a hospital that is being newly established in the city of Changwon, thereby making repayment to the victim within the month of each week,” by putting the phone to the victim.

The defendant did not use this as the hospital acquisition price, but was thought to use it as the living cost of the defendant, and even if he borrowed money from the victim, he shall pay it.