A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall pay 231,780,970 won to the applicant by fraud.

Punishment of the crime

[2014 Highest 3268] On May 23, 2008, the Defendant: (a) against the victim E of Gangseo-gu Seoul Metropolitan Government D Apartment Building 511, “I want to acquire the 1.6 billion won foot land by public auction with two attorneys-at-law; and (b) there is a need for money to use at attorney’s expense. If I lend money, I would immediately repay it.”

However, the defendant had no intention or ability to pay the debt at the time, and even if he borrowed money from the victim, he had no intention or ability to pay it as personal debt repayment and living expenses.

As above, the Defendant, by deceiving the victim, received KRW 495,00 on the same day from the victim to the agricultural bank passbook in the name of the Defendant, and acquired KRW 30,480,90 in total on 27 occasions, such as the list of crimes in the attached Table 1, from around that time to September 25, 2008.

[2014 Highest 4031] On February 3, 2008, the Defendant stated that “On September 17, 2007, the Defendant invested 1.6 billion won with H and I attorney-at-law, and received 3.7 billion won in total, while the Plaintiff borrowed money to distribute the profit, she would need to guarantee the profit of 5 times if the Plaintiff borrowed money.”

However, in fact, the Defendant did not have a certain occupation and did not have invested in the goods sold by public auction, and thus, the Defendant did not have the intent or ability to repay the borrowed money even if borrowed money from the victim.

The Defendant, by deceiving the victim as such, received 350,000 won from the victim to the Agricultural Cooperative Account under the name of the Defendant for the purpose of borrowing money.

In addition, from around that time to May 14, 2010, the Defendant received a total of KRW 106,013,720 through 129 times as shown in the separate sheet of crimes in attached Table 2 by the aforesaid method.

【2014 Highest 4471】 Defendant is under the jurisdiction of Mangsan-gu, Sinyang-si around March 2012.