A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall pay 37,90,000 won to the applicant for compensation by fraud.

3.2

Punishment of the crime

1. Fraud against victim D;

A. At the end of July 2012, the Defendant, in F Kapet, located in Gangnam-gu Seoul, called “F” in Gangnam-gu, that he could open a mobile phone business on good terms and conditions. The defect of the mobile phone business. When he/she pays the deposit to EL branch credit guarantee association, he/she may be provided with a cell phone at low cost. When he/she sends the deposit amount of KRW 50 million, he/she would pay KRW 130 million in total with KRW 80 million prepared within the Republic of Korea. The deposit money means any money which can be returned at any time.”

However, the fact was not in the state of holding KRW 80 million at the time, and even if the victim received KRW 50 million from the victim, there was no idea to pay the deposit to the Credit Guarantee Association, and there was no intention or ability to return KRW 50 million.

On August 21, 2012, the Defendant received money from the victim as deposit money from a new bank account in the G name on August 21, 2012.

B. On September 17, 2012, the Defendant, at the first floor of the H Building in Gangdong-gu Seoul Metropolitan Government, told the victim D to the effect that “A deposit is made by obtaining mobile phone agency stores and filing for business registration. In order to verify the certificate of deposit, the Defendant made a false statement to the effect that the Defendant would provide KRW 20 million for the first floor store in Gangdong-gu Seoul Metropolitan Government, and KRW 30 million for the lease deposit, and KRW 30 million for the premium. Moreover, the Defendant opened the store and would pay 1/3 for sales from five months after opening the store.”

However, there was no intention or ability to receive a certificate of deposit even if the store contract was made because the victim paid 50 million won as deposit money.

On September 18, 2012, the Defendant had the victim pay the amount of KRW 30 million to the former lessee I of the said store, KRW 20 million to the lessor J on September 17, 2012, KRW 100,000,000 out of the lease deposit amount of KRW 20 million, and KRW 19 million on September 19, 2012.

2. The victim C: