A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On January 28, 2016, the Defendant stated that “The Defendant is running a business to lend the corporate foundation capital and to receive interest from the victim B at the mutual influence point in the Dobong-gu Seoul Metropolitan Government on November 28, 2016. The companies within the internal management have strong financial standing, and if the safe funds are insufficient, the company will guarantee the principal and pay 1.5% per month.”

However, in fact, the defendant did not have conducted the business of lending the capital at the time and did not have any intention or ability to guarantee the principal as the victim promised to use it for the business of lending the capital at the time of establishment, and only used it for the personal purpose such as stock investment.

Ultimately, as above, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim to the new bank account (Account Number C) in the name of the Defendant, and acquired the total sum of KRW 260 million from December 21, 2017, from that time to December 21, 2017.

"2019 Highest 708"

1. On November 21, 2017, the Defendant stated that “The Defendant loaned KRW 30 million to the victim, who is in need of cash because there are many customers of a certified judicial scrivener operated in the Republic of Korea due to a lot of customers,” and that “The principal shall be returned at any time only two to three weeks prior to the end of the month.”

However, at the time of fact, the Defendant did not have any property owned by the Defendant, but did not have any intention or ability to pay the amount of money to the victim because he thought that he would use the money received from the victim for the repayment of the Defendant’s debt to the certified judicial scrivener.

Nevertheless, the Defendant, as above, makes a false statement to the victim and belongs thereto from the victim on November 22, 2017.