Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

In around 2016, the Defendant did not have a certain occupation or fixed income, and even if he borrowed money from the victim B who had no special property, he did not have the intent and ability to repay the money, the Defendant was able to borrow money with the victim’s real property and having a job and having a considerable monthly income as if he had a considerable monthly income.

1. On July 31, 2016, the Defendant made a false statement to the effect that “The Defendant would immediately repay the money upon receiving monthly payment from the victim, in a place where the location is unknown.”

However, the defendant did not have any intention or ability to pay money even if he borrowed money from the victim because he did not have any occupation and is not receiving a monthly payment.

As such, the Defendant, by deceiving the victim as such, acquired money from the victim on July 31, 2016, KRW 1.5 million, KRW 1 million on August 26, 2016, KRW 1 million on September 7, 2016, and KRW 3.5 million on a total from the bank account under the name of the Defendant.

2. On September 13, 2016, the Defendant made a false statement to the effect that “A person would immediately repay the company upon receiving retirement pay if he/she borrowed money from the company to the company immediately necessary, by leaving the company, at a place where the location cannot be known.”

However, the defendant did not have any job and did not receive retirement pay, and even if he borrowed money from the victim, he did not have any intention or ability to pay it.

As such, the Defendant, by deceiving the victim as such, received money from the victim on September 13, 2016, KRW 500,000,000 on September 23, 2016, KRW 1 million on September 26, 2016, KRW 200,000 on September 30, 2016, KRW 200,000 on October 202, 2016, KRW 100,000 on October 4, 2016, KRW 510,000 on October 5, 2016, and KRW 7,300,00 on the aggregate, from the bank account under the name of the Defendant.

3. On October 14, 2016, the Defendant: (a) phone calls from the victim at a place where the location cannot be known; and (b) sells and complete payment of the purchase price of KRW 300 million apartment to the orchard.