The judgment below

The remainder, other than the part concerning the application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment.

1. On January 10, 2018, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Cheongju District Court on January 10, 2018, and the judgment became final and conclusive on October 5, 2018.

On November 20, 2012, the Defendant presented documents related to the public auction of the gas station to the victim B at the “D” restaurant located in Seodong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, to the effect that “If the Defendant borrowed KRW 150 million to take over the gas station located in the water source through public auction, it shall be KRW 3 billion in the land value of the gas station. If the Defendant borrowed KRW 150 million, he/she shall be awarded a successful bid for a public auction and shall pay interest at KRW 3 million every month, and when he/she requests the principal, he/she shall pay the principal at any time.”

However, in fact, the above gas station was not taken over by the defendant as a partner E, but it was planned to take over the gas station as a partner E, and most of the proceeds from taking over the gas station was to take out loans from the Financial Cooperative, etc., and the defendant did not have any intent or ability to return the above KRW 150 million when requested by the victim, since the defendant was in a state of financial institution with no particular property, it was only in a state of financial institution with the amount of KRW 30 million.0 million.

As above, the Defendant, by deceiving the victim, received KRW 140 million as a check around November 30, 2012 on the pretext of the borrowed money from the victim, and obtained KRW 10 million from the victim on February 8, 2013.

B. On September 2013, the Defendant made a false statement to the effect that “The Defendant had an opportunity to purchase oil from the oil station to be closed down. The Defendant borrowed KRW 200 million to KRW 300 million to the money to purchase the oil. The Defendant paid interest at 1% per month and paid the principal at any time.”

However, the Defendant did not have any intent or ability to return the borrowed amount at the request of the victim because the Defendant had only a financial institution debt worth KRW 30 million without any particular property, such as the statement in paragraph (1).

The defendant deceivings the victim to do so.