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

Punishment of the crime

[2015 Highest 658]

1. On December 5, 2013, the Defendant: (a) concluded that the Defendant would return money until December 20, 2013 to the victim D who had been living together at the time, with C, who was unaware of the fact that it was fraudulent; and (b) concluded that “The State would return money until December 20, 2013, if the Defendant would return 45 million won.”

However, the defendant did not engage in the second export business and did not have any intention or ability to pay the money by the date of the promise even if he did not receive the money from the victim.

Accordingly, the defendant, by deceiving the victim, received 45 million won from the victim to the account of the defendant (CFE).

2. On December 19, 2013, the Defendant: (a) in a house located in Jeju City F; (b) the victim D had the right to dispose of the house by taking out money from the said company as collateral; and (c) he/she actually has the right to dispose of the house; and (d) he/she would have paid off money from the said company on behalf of the owner of the house and transferred the name of the house to the Party. The value of the house exceeds KRW 100 million. As the value of the house exceeds KRW 45 million,00,000,000 won, taking into account the amount of the principal of the automobile export business related to KRW 18,000,000,000, the difference between the owner of the house and KRW 40,000,000,000.

However, in fact, the defendant did not have the right to dispose of the house regardless of the above house, and even if he received the money from the victim for the purchase of the house, he did not have the intention or ability to transfer the ownership of the house to the victim because he did not have the right to dispose of the house.

Accordingly, the Defendant deceivings the victim as above, and thereby, from the victim to the Defendant’s account (post office G).