A defendant shall be punished by imprisonment for not less than eight months.

The defendant directly suffers physical damage from C, who is an applicant for compensation, KRW 19,00,00,00.

Punishment of the crime

1. Fraud;

A. A. Around June 2009, the defrauded made a false statement to the effect that “The Defendant would have repaid the money immediately if he/she lent the money to the victim C, who is a mentally disabled person of the second degree with mental retardation, at a community credit cooperative in Suwon-dong, Suwon-si, Suwon-si, 2009.”

However, the defendant did not have any particular income, and even if he borrowed money from the victim, he did not have any intention or ability to repay the debt amounting to KRW 30 million for banks, card companies, etc.

The Defendant, as such, by deceiving the victim, received approximately KRW 6 million in total from the victim several times in the same month.

(2) On October 30, 2009, around October 30, 2009, the Defendant made a false statement to the effect that “Around October 30, 2009, the Defendant would repay KRW 15 million to the victim at the Gangnam-gu branch of the Korean National Bank, Gangnam-gu, Seoul, for the payment of a fine of KRW 8 million to the Chairperson of the Association F, if the Defendant lent KRW 8 million to the victim at the Gangnam branch of the Korean National Bank, Gangnam-gu, Seoul, for the payment of a fine of KRW 19:0 million per gold day, or repay KRW 15 million until November 2, 2009.”

However, in fact, the amount necessary to impose the above F's fine was not more than 3 million won, and even if the defendant borrowed money from the victim, he did not have the intent or ability to repay it within a certain period.

The Defendant, as such, by deceiving the victim, received eight million won from the victim, namely, a delivery from the victim.

B. Around October 19, 2010, the criminal defendant against the victim D made a false statement to the effect that “A victim D (the mother of the wife population G apartment 303) borrowed money would be repaid until October 22, 2010,” and “A person who borrowed money would be repaid by October 22, 2010.”

However, the defendant did not have any particular income, and even if he borrowed money from the victim, he did not have any intention or ability to repay the debt amounting to KRW 30 million for banks, card companies, etc.

The Defendant, as such, by deceiving the victim, received KRW 3.8 million from the victim on the same day.

2. The Defendant’s embezzlement is around November 16, 2009.