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

Punishment of the crime

[2019 Highest 4134]

1. Although the Defendant, in collusion with B, did not think that he would work as an employee of an entertainment drinking house, the Defendant found in several entertainment drinking houses and raised a false statement that she would work as an employee, and she would be jointly and severally guaranteed by us, and would receive prepaid or borrowed money.

On March 3, 2015, the Defendant found the “D Sing club” located in Ulsan-gu, Ulsan-gu, Seoul-gu, and the Defendant made a false statement with the victim E, stating that “I will lend KRW 14 million to the victim E as an employee, who will work as an employee, and complete payment within six months,” and that “I will act as a joint and several surety.”

However, the defendant and B did not have any special revenue or property and thought that they would escape from other areas. Therefore, even if they borrowed money from the victim, they did not have any intention or ability to repay money normally.

Nevertheless, by deceiving the victim as above, it received 14 million won from the victim to the account of community credit cooperatives (F) in the name of the defendant on the same day. From around that time to March 17, 2015, the victim was delivered KRW 28,000,000 in total three times as shown in the list of crimes in attached Table from around that time.

Accordingly, the defendant conspireds with the victims to acquire the property by deceiving them.

2. Around April 22, 2015, the Defendant, on April 22, 2015, made a false statement to the victim G, stating that the Defendant would pay a fine of KRW 4,700,000,000 to the victim G, who is an employee, in lieu of a fine of KRW 4.7 million.

However, the defendant did not have an intention or ability to repay normally even if he borrowed money from the victim as stated in paragraph (1).

Nevertheless, by deceiving the victim as above, the victim caused the victim to pay a fine of 4.7 million won on behalf of the defendant on the same day, thereby gaining economic benefits equivalent to the same amount.

3. On September 1, 2017: