A defendant shall be punished by imprisonment for not less than one year and six months.

An application for remedy by an applicant for remedy shall be dismissed.

Punishment of the crime

1. Fraud;

A. A. Around January 2018, the Defendant, around January 2018, concluded that the Defendant’s fraud was based on the trade name “D” located in Heung-gu, Seo-gu, Seodong-gu, Cheongju-si, and that “A” was false to the victim B, who met or became aware of his/her service as a customer, should be granted the amount of KRW 50 million to the president of the main branch office in order to engage in an activity as the head of the office that manages an entertainment drinking club employee. Since the shortage of money falls short, if the amount of KRW 30 million is lent, the amount would be repaid to 1-2 months.”

However, the defendant did not have any special property under the name of the defendant at the time, and there was no fixed income, so even if he borrowed money from the victim, there was no intention or ability to pay it, and there was no plan to deliver KRW 50 million to the chief of the main office in order to work as an entertainment drinking house office.

As such, the Defendant, by deceiving the victim, received KRW 12 million from the victim, around January 29, 2018, and KRW 23.2 million around January 31, 2018, and transferred KRW 35.2 million to the F Bank account in the name of E, the Defendant’s seat.

B. Around February 2018, the Defendant: (a) concluded that “Around February 2018, the Defendant had a false statement that “Around February 2018, the Defendant would be able to work for the said victim as the head of an entertainment drinking club to retire from office; and (b) in order to do so, money should be given to the head of the office. If the Defendant borrowed money because the existing money would be able to be repaid even if having to start work, it will be repaid within one to two months.”

However, the defendant did not have any special property under the name of the defendant at the time, and there was no fixed income, so even if he borrowed money from the victim, there was no intention or ability to pay it, and there was no plan to pay consolation money to the head of the office to work as an entertainment drinking house office.

The Defendant, as such, deceiving the victim and deceiving him/her from the victim on February 5, 2018, KRW 5 million in cash, and February 5, 2018.