A defendant shall be punished by imprisonment for one year.

An applicant for compensation shall be dismissed.

Punishment of the crime

[2011 Highest 2071: Fraud]

1. On September 1, 2010, the defrauded made a false statement to the victim C, who works at D stores in Seongbuk-gu, Sungnam-si, Sungnam-si, stating that “If the South-dong resident loans KRW 50 million for the production cost of advertising materials installed on the expressway to run an advertisement, the Defendant would repay money after a maximum of six months if he/she lends money to the victim C.”

However, the Defendant was thought from the beginning to use the above money for stock investment by lending it from the victim, and at the time, the Defendant was living in the amount of KRW 2,50,000 per month in which he was living without any particular occupation after the divorce, so even if he borrowed the above KRW 50,000 from the victim, there was no ability or intent to repay it within the time limit.

Nevertheless, the Defendant received from the victim a total amount of KRW 10 million on September 3, 2010, KRW 10 million on or around the April of the same month, KRW 20 million on or around the 11th day of the same month, and KRW 10 million on or around the 12th day of the same month, and KRW 50 million on or around the 12th day of the same month, from each transfer through the Defendant’s new bank account.

Accordingly, the defendant was given property by deceiving the victim.

2. On March 7, 2011, at the above “D” store around 14:00 on March 7, 2011, the Defendant made a false statement to the following: “Around March 7, 2011, the Defendant borrowed a large amount of KRW 3 billion from Seoul to make an investment in the real estate specialized in the auction of real estate in Seoul, and if the Defendant borrowed a large amount of KRW 80 billion and borrowed money at the request of the Defendant, the Defendant would pay the full amount after three months.”

However, the Defendant was thought from the beginning to use the above money to open a door with the victim, and at the time, the Defendant did not have the ability or intent to repay the money within the time limit, even if the Defendant borrowed the above KRW 80 million from the victim for the same reason as the preceding paragraph.

Nevertheless, the defendant is the subject of the borrowed money from the victim.