A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall pay 405,00 won to the applicant for compensation by deceit.

Punishment of the crime

From August 2010, the Defendant had been operating a foreign language driving school with the trade name of “E” on the 6th floor of the D building in Busan Shipping Daegu.

1. Fraud of 48 million won against victim F;

A. On February 20, 2013, the Defendant committed the crime of Haman on February 2013, 2013, said, that “A victim F, who is in need of money to operate a private teaching institute, if he/she borrowed money at other places, would make payment after four months of the interest, along with the interest,” was remitted from the victim to the bank account of the Defendant on the same day and KRW 10 million around February 21, 2013, respectively.

However, as seen above, the Defendant was operating a private teaching institute, from around December 2012, up to KRW 700 million due to the obligation arising from the operation of the private teaching institute without any particular property, and the cost spent due to the operation of the private teaching institute is more than the revenue, and thus, the Defendant did not have the intent and ability to pay the amount normally even if she borrowed money from another person.

Accordingly, the Defendant deceivings the victim as above, and received 20 million won from the victim.

B. On July 23, 2013, the Defendant: (a) called “around July 23, 2013, the Victim F by phone call from the Busan Central District of Busan to the victim F; and (b) was transferred from the victim to the Defendant’s bank account in the name of borrowing KRW 2 million on the same day.”

However, as seen above, the Defendant was operating a private teaching institute, from around December 2012, up to KRW 700 million due to the obligation arising from the operation of the private teaching institute without any particular property, and the cost spent due to the operation of the private teaching institute is more than the revenue, and thus, the Defendant did not have the intent and ability to pay the amount normally even if she borrowed money from another person.

Accordingly, the defendant deceivings the victim as above.