A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

"2018 Highest 1806"

1. The defraudeds related to the borrowed money are those who worked as the father at the village of the village where B bank was established, and the victim C is the pastor of the D church.

On March 25, 2015, the Defendant borrowed 4 million won to the victim who was consulted with the loan in an influent car page near the Gangdong-gu Seoul Metropolitan City, Gangdong-gu, and repaid 4 million won within six months and paid interest every month.

“The phrase “ was false.”

However, in fact, the Defendant did not have any revenue or property other than KRW 3.5 million monthly salary, and the Defendant did not have any intent or ability to repay the principal borrowed within six months or to pay the interest on the fourth installment per month, even if he borrowed money from the damaged party, because the Defendant had a debt of KRW 60 million, which he/she has to pay to E due to investment loss or pressure, such as funds managed by the Defendant, and the debt of other loans was equal to KRW 100 million.

The Defendant, as such, by deceiving the victim, received 30 million won from the victim under the name of the same day as the borrowed money, and KRW 10 million under the same name around March 26, 2015, respectively, from the victim, to the account in the name of the Defendant.

On May 26, 2015, the Defendant continued to use the money by phone to the victim at a place where it is not known to him/her on May 26, 2015, and the Defendant borrowed 10 million won more. On that occasion, the Defendant will pay 50 million won in total of the borrowed money within 10 days.

“The phrase “ was false.”

However, due to the above property condition, the Defendant did not have the intent or ability to repay to the victim within 10 days the sum of the amounts borrowed prior to the borrowing, even if the Defendant borrowed additional amounts from the injured party.

The Defendant, as such, by deceiving the victim, received from the damaged party the remittance of KRW 10 million to the account in the name of the Defendant on the same day as the borrowed money.

In this respect.