A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[2013 Height281]

1. Fraud;

A. On September 27, 2006, the Defendant made a false statement to the victim C by telephone, stating that “The Defendant would import the golf products of the single brand No. 100 million won of the mother and child, and if the funds were to be lent KRW 100 million, then the Defendant would offer interest KRW 10 million after the month.”

However, in fact, the Defendant has to pay interest at a high rate for the operation of the above golf products and pay interest by borrowing money from the Defendant. The Defendant’s income from the above golf products import store is limited to KRW 13 million. At the time, the Defendant did not have any intention or ability to pay such income even if he borrowed money from the victim due to the lack of property or revenue of KRW 120 million due to the lack of the Defendant’s liability.

Nevertheless, on September 27, 2006, the Defendant: (a) by deceiving the victim; (b) received KRW 100 million from the victim; (c) around January 17, 2007; and (d) received KRW 100 million around February 20, 2007; and (c) received KRW 100 million from the E’s account in total four times on or around February 9, 2007.

B. On May 4, 2007, the Defendant made a false statement to the effect that “The Defendant borrowed money as security from the establishment of a collateral on a building in the name of Hasman H, as security, to the victim at the G Certified Judicial Scriveners Office located in F of Sung-gu, Sungnam-si.”

However, in fact, the defendant did not have obtained consent from the mother H to provide the building owned by him as security, and due to the management difficulties of the above golf-use equipment shop, the above golf-use equipment shop should be used for the interest on the existing debt, and the defendant did not have any other property or income, and therefore, he did not intend to pay the above money to the victim.