A defendant shall be punished by imprisonment for two years.

Punishment of the crime

On April 4, 2008, the Defendant was sentenced to imprisonment with prison labor for one year and ten months in the Chuncheon District Court for fraud, etc., and completed the execution of the sentence on March 18, 2009.

1. On August 2009, the Defendant stated to the effect that “The Victim D, operated by the victim D on the fourth floor of the building in the Seocheon-gun, Seocheon-gun, Seocheon-gun, the Defendant would repay the victim KRW 2,00,000 to the construction site cost after one hour if the victim lent it to the victim at the construction site cost.”

However, the Defendant had no clear occupation at the time, and was prepared to establish a company with the mutual name of “F” by leasing the 6th floor of the Gangwon-gun C building in Gangwon-do, Gangwon-do, but was unable to pay the corporate funds and the office deposit and rent. Therefore, the Defendant did not have any intent or ability to pay such money even if he borrowed money from the victim.

As above, the Defendant, by deceiving the victim as above, received 2 million won from the victim under his/her pretext as the borrowed money.

2. At around 14:00 on September 4, 2009, the Defendant stated to the effect that “The Defendant would pay the victim I the total amount of KRW 38.7 million of the construction cost if he would have caused the F Office interior construction work” to the victim I. by September 9, 2009.

However, the defendant did not have the intention or ability to pay the construction price to the victim within the due date, even if the interior work is completed, because the defendant had the same situation as the statement in Paragraph 1.

The Defendant, by deceiving the victim as above, had the victim complete the construction work in an amount equivalent to KRW 38.7 million by September 20, 2009, and acquired pecuniary benefits equivalent to that amount.

3. Around September 18, 2009, the Defendant borrowed KRW 9 million prior to the lending of the F Office seal from the victim D, operated by the victim D on the fourth floor of the Gangwon-gun C building, Gangwon-do, Seoul Building, to the extent that the Defendant borrowed KRW 9 million as the Defendant did not pay money from the principal company to the victim.