A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

[2015 Highest 692]

1. On July 31, 2009, the Defendant issued a real estate lease contract stating that the Defendant leased a house owned by D from D to the victim C at the public service center of the dispatching coal branch office located in Pyeongtaek-si, Gyeonggi-gu, Gyeonggi-do, and that “If the Defendant lends 35 million won, he shall pay interest at 46% per annum and make a repayment within one year, he shall be paid with interest at 46% per annum,” and D shall be paid with a loan in lieu of a rental deposit that shall be returned to A, if he/she fails to pay the money.”

However, in fact, the defendant and D were living together in the house owned by D as a de facto marital couple, and D did not have a security deposit to return the house to the defendant because D did not lend the house to the defendant, and even if the defendant and D did not have any property or income, they did not have any intention or ability to repay the house even if they borrowed money from the victim because they did not have

Nevertheless, the Defendant, along with D, received 35 million won as a loan from the victim.

Accordingly, the defendant was given property by deceiving the victim in collusion with D.

2. On October 22, 2008, the Defendant committed the crime against the victim E, stating that “A shall pay interest of 3% per month if he/she lends 30 million won to the victim E and shall be repaid until April 22, 2009,” and that “D shall pay a loan in lieu of a rental deposit that shall be returned to A if he/she fails to pay the loan,” and that “D shall pay the loan in lieu of a rental deposit that shall be returned to A, if he/she fails to pay the loan.”

However, the defendant and D did not have any intention or ability to pay the money even if they borrowed money from the victim as stated in the above Paragraph 1.

Nevertheless, it is not possible.