A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[2019 Highest815]

1. The Defendant against the victim AE is a person who operates the Dongdaemun-gu building B and the “D Office” in subparagraph C of the preceding week.

On November 15, 2018, the Defendant stated that “The Defendant would pay the Victim AE with the amount of money to be used, 17 million won as an intermediary fee to be paid within the face of the day” in the AG in front of the AG located in Seocho-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City, the Defendant would pay KRW 19.3 million including the previous loan of KRW 2 million and the interest of KRW 3 million.”

However, in fact, since there was no money that can be received on November 16, 2018, there was no intention or ability to repay money from the victim on the date of promise.

After all, the defendant deceivings the victim as above and obtained 17 million won in cash from the victim's position.

[2019 Highest829]

2. On June 2018, the criminal defendant against the victim AH made a false statement to the victim AH that "if he/she is required to pay the money, he/she will use it only one month, and make a full payment by July 27, 2018. If he/she is unable to do so by July 27, 2018, he/she would not pay 50 million won until July 27, 2018, he/she would have sold the sales contract with the AI AJ in Seocho-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, but will succeed to the sales contract without any framework."

However, in fact, even if the victim borrowed 50 million won from the victim, there was no intention or ability to repay, and even if it did not repay the borrowed money, there was no intention to succeed to the contract for the sale of the above AI building AJ to the victim.

Nevertheless, on June 27, 2018, the Defendant, by deceiving the victim as such, received KRW 50 million from the victim as the borrowed money from the victim and acquired it through the Defendant’s AK Association account (AL).

[2019 Highest 1120]

3. On November 23, 2016, the criminal defendant against AM lent KRW 40 million to the victim at a cafeteria with the trade name, "AO located in Seojin-gu, Seoul Special Metropolitan City."