A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[2018 Highest 2317] The Defendant is a person who had operated the “C amusement room” from around 2011 to Daejeon Seo-gu B.

1. Fraud against victim D;

A. On December 13, 201, the Defendant called the victim at a non-place of Daejeon or lower Daejeon on December 13, 201, and used money only for three months from the lending of money to the adult amusement room, and paid the interest only once by calculating 15%.

“.....”

However, at the time, the Defendant was not well in the operation of the said C entertainment room, and there was no intention or ability to repay even if the Defendant borrowed money from the damaged party due to no particular income other than the operation of the entertainment room.

The Defendant received KRW 7 million from the damaged party to the F account (G) in the name of E used by the Defendant on the same day, and received KRW 27 million over six times from the above day to June 20, 2012, as shown in attached Table 1 of the daily list of crimes.

B. On October 5, 2012, the Defendant would complete payment to the victim with the amount of KRW 100,000 per day from October 20, 2012 to October 5, 2012, including the principal and interest.

“.....”

However, at the time, the Defendant was not well in the operation of the said C entertainment room, and there was no intention or ability to repay even if the Defendant borrowed money from the damaged party due to no particular income other than the operation of the entertainment room.

The Defendant received 3 million won in cash from the injured party.

2. On April 5, 2012, the criminal defendant against the victim H lent money to the victim for three months at the above C entertainment room.

“.....”

However, in fact, the defendant did not operate the above C entertainment room at the time and did not have any income, and even if he borrowed money from the damaged party due to no particular income other than the operation of the entertainment room, he/she shall have the intention or ability to repay it.