A defendant shall be punished by imprisonment for two years.

Punishment of the crime

2014 Highest 6993

1. Fraud;

A. On October 17, 2012, the Defendant stated that “If the Defendant loaned KRW 100 million to the victim D for intermediate payment out of KRW 500 million of the lease deposit of “F store,” which is a mobile phone sales store that will open the business in Busan Northern-gu E, the Defendant would pay the principal within three months and pay KRW 1 million of the monthly interest.”

However, in fact, the Defendant borrowed KRW 40 million from G to pay the balance of the above lease deposit, and the Defendant also borrowed KRW 200 million as the business fund for the above store, and planned to repay KRW 500,000,000 to KRW 500,000,000,000, which is the interest equivalent to KRW 1% per month for the total amount of the loan, from the business revenue, and the Defendant operated the “J”, which is the mobile phone sales store located in Busan Northern-gu I, with the investment of KRW 250,00,000,00,000, which is to pay KRW 7,000,000,000 per month for investment profits, and thus, the Defendant borrowed most of the business funds from others or raised funds from investments. Therefore, even if the victim borrowed the above money from the victim, there was no intention or ability to repay the above amount within the payment period.

As above, the Defendant, by deceiving the victim, received KRW 100 million from the victim to the Agricultural Cooperative Account in the name of the defendant's wife on the same day.

B. The Defendant’s facts around December 7, 2012, No. 1. A.

Even if the victim borrowed money from the victim as stated in paragraph (1), it is done as if the victim would normally repay the borrowed money with the profits received through the mobile phone opening business even though the victim did not have the intent or ability to pay it normally, and the above victim would have borrowed 40,000 won as the operating expenses of the mobile phone store operated by the defendant.