A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[2018 Highest 3719]

1. The Defendant is a person who had been working as a management staff at the C convenience store located in B from September 2015 to B from September 2015.

On December 2, 2015, the victim D stated, “C convenience store” located in B, Naju-si on December 2, 2015, the victim D said that “If the Defendant directly operates the said convenience store, he/she shall purchase tobacco, and if he/she lends KRW 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000)

However, in fact, the defendant is an employee of the above convenience store and is not an actual operator, and there was no authority to manage or use the subsidies, etc. paid at the head office, and there was no intention or ability to repay even if he borrowed money.

As above, the Defendant, by deceiving the said victim, received KRW 10,00,000 from the said victim to the E-Union account (F) under the name of the said victim, and acquired KRW 28,00,000 in total by means of the said means, by remitting KRW 10,000 on December 21, 2015, KRW 5,000,000 on January 4, 2016, and KRW 3,000,000 on January 5, 2016.

B. On March 24, 2016, the Defendant stated that “I” restaurant located in H in B/L on March 24, 2016 that “I shall deposit all of the money to the principal office in the course of operating convenience points,” and “I will pay three million won later than 2/3 if I lend it to the head office.”

However, for the above reasons, the defendant did not have any intent or ability to repay even if he borrowed money from the victim G.

On April 6, 2016, the Defendant: (a) by deceiving the said victim; (b) obtained KRW 3,000,000 from the said victim to the E-cooperative account under the name of the said victim; (c) obtained KRW 1,301,740 from the non-bank account under the name of the J on April 21, 2016; and (d) obtained KRW 900,000 in total from the Defendant E-cooperative account under the name of the said victim, and acquired KRW 7,201,740 in total.

C. The Defendant: (a) on March 28, 2016, at the above C Points located in B, Naju-si on March 28, 2016, the Defendant: (b) the Victim K is well operating convenience points.