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

Punishment of the crime

"2018 Highest 2601"

1. The defendant's sole criminal conduct;

A. A. Around June 22, 2016, the defrauded: (a) on June 22, 2016, the Defendant called the victim B by phoneing the victim B, and saying, “If the Defendant borrowed KRW 2 million as he/she needs to pay the amount, he/she shall pay the amount of KRW 4 million one week thereafter.”

However, there is no particular property or income, and even if the defendant borrows money from the victim, there is no intention or ability to repay it.

On June 22, 2016, the Defendant, by deceiving the victim, received KRW 2 million from the victim to the Agricultural Cooperative Account in the name of the Defendant’s mother C with the borrowed money and acquired it by deceiving the victim.

B. From July 21, 2016 to June 5, 2017, the defrauded Defendant phoneed the victim B from the French land to the victim B on July 21, 2016, and saying, “If the refund money to be paid by the National Tax Service due to the inheritance of his father has been KRW 2.9 billion, the Defendant would be repaid as the refund money would be paid.”

However, there was no fact that the Defendant intended to receive a refund of KRW 2.9 billion from the National Tax Service, and the Defendant did not have any intent or ability to pay the money even if he borrowed money from the victim due to no particular property or income.

On July 21, 2016, the Defendant, by deceiving the victim, received 200,000 won from the victim to the Agricultural Cooperative account in C’s name as the borrowed money, from the victim, and acquired the money by deceiving 21,000,000 won, from that time until June 5, 2017, as shown in the list of crimes, from that time.

2. C and the Defendant jointly committed an offense upon the Defendant’s mother C asked C to “In order to borrow money from the victim B, her mother has entered 2.9 billion won in the passbook and her mother has not been found as a tax issue and C responded to this request.”

On November 18, 2016, the defendant entered the victim with the National Tax Service refund amounting to KRW 2.9 billion.