A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding four million won.

However, the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2018 Highest 108] The Defendant did not have any revenue or property other than KRW 300,000 or KRW 4,000,000 per month, and the total amount of the debt reaches KRW 200,000,000 per month, and there is no intention or ability to repay the debt even if the Defendant borrowed money from others.

1. Fraud against the victim B;

A. On April 8, 2017, the Defendant committed the crime of April 8, 2017, the Defendant made a false statement to the victim B at the D coffee shop located at Joi-si, Seocho-si, 2017, stating that “If there is any shortage of money to make a marriage in September, he would make a full payment in six months if he lends 9 million won to the victim B.”

However, even if the Defendant borrowed money from the victim, he did not use it as a marriage expense, but intended to use it for the Defendant’s personal debt repayment, and there was no intention or ability to repay the money even if he borrowed money from the victim due to the excess of the obligation as above.

Nevertheless, the Defendant concealed the above circumstances, deceivings the victim, and thereby, acquired money of KRW 87.10,000 from the account in the name of the victim to the E-bank account in the name of the defendant on the same day from the victim and acquired it by deceiving the victim.

B. On April 13, 2017, the Defendant made a false statement to the effect that “Around 14:00 on April 13, 2017, the Defendant, who committed the crime of April 13, 2017, purchased money from the said victim at the G coffee shop located in the Seocho-si, Seocho-si, Seoul, that “at least 20 million won should be paid.” On the other hand, the Defendant would make a false statement to the effect that “I will pay the money after joining the fraternity that would have been operated by the victim.”

However, the defendant was in excess of his/her obligation as above, and the victim did not have the intent or ability to repay the borrowed money to the victim after joining the accounts operated by the victim even if he/she operated the fraternity.

Nevertheless, the defendant conceals the above circumstances and induces the victim.