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

Punishment of the crime

"2016 Highest 399"

1. 2013. 5. 23.경 사기 피고인은 2013. 5. 23.경 충주시 B에 있는 C 집에서 피해자 D에게 “남편이 샷시업을 하는데 공장에 돈이 필요하다. 1,000만원만 빌려 주면 이자를 월 30만원 주고 2014. 5. 23.까지 갚겠다.”라고 거짓말을 하였다.

However, in fact, the Defendant did not have any intention or ability to repay the money, even if he borrowed money from the victim, because the Defendant had a total of KRW 50 million and KRW 50 million for personal debt, and he was willing to refund the money from the victim to the previous obligation.

As above, the Defendant deceptioned the victim, and acquired 10 million won in cash from the victim.

2. On October 16, 2013, the fraud Defendant made a false statement to the victim D at the “F” restaurant operated by the Defendant in Chungcheongnam-si around October 16, 2013, stating, “If the Defendant lends five million won to the victim, 2.5 million won per month of the interest and will be repaid after using it for several months.”

However, on the ground of Paragraph 1, the defendant did not have any intention or ability to repay the borrowed money from the victim.

As above, the Defendant deceivings the victim, and then acquired five million won in cash from the victim.

"2016 Highest 459"

1. On January 23, 2014, the criminal defendant against the victim G told the victim G to the “F” restaurant located in Chungcheongnam-si, Chungcheongnam-si, that “F will pay 3% interest per month on a loan of money, and complete payment until May 2015.”

However, in fact, since the defendant was in excess of his/her obligation such as 10 million won at the time, he/she thought that he/she would return the money borrowed from the victim to prevent him/her from returning the existing obligation, and he/she did not think of it as the husband's factory operation expenses, and there was no intention or ability to repay it.

The defendant deceivings the victim as above and belongs to it from the victim.