A defendant shall be punished by imprisonment for six months.

Criminal facts

1. On January 7, 2013, the Defendant against the victim B: “When securing soil and stones necessary to establish a school sense, he/she may be punished with detached money, and if investing 2 to 30 million won, he/she may be punished with KRW 1 billion.” On February 7, 2013, the Defendant called the victim at an influent place near the Si/Y-Eup, and “on February 7, 2013, he/she may be punished with detached money if he/she purchases high-quality soil and rocks with high-quality soil and rocks and high-water underground resources, and only if he/she purchases them, he/she can live in KRW 7,5 million per square day, and if he/she invests KRW 75 million in total for the purchase of forest and fields, he/she shall purchase it with a down payment, and if he/she transfers it to the remaining KRW 15 million in the name of B.”

However, when the defendant was urged to repay the above forest on behalf of the victim, he did not have the intention or ability to purchase the forest land on behalf of the victim and complete registration in the name of the victim, and had the debt amount of KRW 500 million at the time, it was urgent to use the defendant's debt repayment.

On February 7, 2013, the Defendant: (a) by deceiving the victim; (b) obtained the transfer of KRW 15 million from the post office account under the name of the Defendant to the post office account; and (c) KRW 65 million from the 8th day of the same month; and (d) acquired the money by deception.

2. On February 21, 2013, the Defendant, against the victim D, called “B shall pay the victim D money by phoneing it to the victim at a non-permanent place, and “B shall return it, and even if so, he/she shall pay it: (a) KRW 25 million loan; (b) KRW 1.1 billion loaned on 25 million; and (c) he/she shall repay the money at that time.”

However, at the time of fact, the defendant did not have any property, and even if he did not receive money from the victim due to excessive debts, he did not have any intention or ability to repay the money even if he borrowed money from the victim under the pretext of urgent personal expenses and repayment of debts.

As such, the defendant deceivings the victim and belongs to it.