A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[2017 Highest 2542]

1. On February 2, 2016, the Defendant concluded that, at the office of Gangnam-gu Seoul Metropolitan Government C Building 401 and (State) D, the victim E “I will lend the down payment to intending to grant a duty-free shop ex post facto in the F commercial building and receive the down payment without molding the investment money.”

However, in fact, the above-mentioned duty-free shop business was in an unstable situation, and the defendant did not have any special property or income more than 300 million won for his personal debt, and most of the loans received from the injured party was trying to "prohibit the repayment of the existing personal debt", and there was no intention or ability to change it to the injured party.

Nevertheless, on February 4, 2016, the Defendant received from the injured party a transfer of KRW 30 million from the bank account (G) to the bank account (G) in the name of the said (State D).

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. On April 19, 2016, the Defendant returned to the victim E with the real estate in cash of KRW 180,000 and KRW 4,000,000,000 in the fence volume of the family father’s inherited property, and received inheritance through consultation with the siblings.

The loan was borrowed in February, 200,000 won and the loan was paid in KRW 30 million with no mold.

However, the fact is that the defendant's property that can be inherited is less than KRW 70 million, and there was no special property or income more than KRW 300 million, and most of the borrowed money from the victim was trying to return so-called "the repayment of the existing personal debt", and there was no intention or ability to change it to the victim.

Nevertheless, on April 20, 2016, the Defendant was transferred KRW 30 million from the injured party to the bank account as stated in paragraph (1) in the name of D around April 20, 2016.

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

[2017 Highest 3273]

1. The victim H.