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

Punishment of the crime

[2012 Highest 1128] The Defendant, even though he was liable for a debt of KRW 400 million or more on March 2012, 2012, did not have any intent or ability to repay the principal and interest on the agreed date because he/she borrowed additional money from another person, even if he/she was aware of the repayment of the debt from another person. Therefore, he/she did not have any intent or ability to pay the principal and interest on the agreed date.

Nevertheless, the Defendant did not notify the above debt status and did not act as if he were to pay a high interest and borrowed money to repay the existing debt.

From March 20, 2012, the Defendant called the victim C and received KRW 10 million from the victim on or around March 20, 2012, including the transfer of KRW 20 million around March 22, 2012, KRW 9 million around April 19, 2012, KRW 10 million around May 7, 2012, KRW 10 million around May 8, 2012, and KRW 10 million around May 8, 2012, and KRW 10 million around May 10, 2012, respectively.

Accordingly, the defendant, by deceiving the victim, received a total of KRW 69 million over six times, and acquired it by fraud.

[2012 Highest 1436] On March 20, 2012, the Defendant told the victim D to “on every 15th day of the month to pay interest on the other party if he/she borrowed money.”

However, the facts, however, did not have any intention or ability to repay the principal and interest to the victim, even if the principal and interest were to have been repaid at the time of the repayment of the obligation from another person, because it was considered to have been used to repay the obligation of another person.

As such, the Defendant, by deceiving the victim, received from the victim KRW 20 million on the same day, KRW 13.7 million on March 23, 2012, KRW 18 million on April 3, 2012, KRW 9 million on April 26, 2012, KRW 900,000 on May 10, 2012, and KRW 707 million on May 18, 2012, respectively.