A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2013 Highest 1723]

1. On July 2012, the Defendant made a false statement to the effect that “When depositing KRW 7.5 million to the victim B, he/she will bring the gift certificates worth KRW 10 million to the victim B within three days at a place where it is not possible to know the place where the Defendant could not know.”

However, the defendant did not have any intention or ability to pay more amount of gift certificates in return for money from the victim.

The Defendant received 7.5 million won from the victim to the account in the name of C, the Defendant’s child around that time.

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

2. Around July 12, 2012, the Defendant against the victim D made a false statement to the effect that “If cash is lent, he/she will give a gift certificate to the victim D in an amount calculated by adding 25% of that amount to 25% of that amount.”

However, the defendant did not have any intention or ability to pay more amount of gift certificates in return for money from the victim.

On July 12, 2012, the Defendant received KRW 2.2 million from the victim, including KRW 2.2 million, KRW 296 million, KRW 4290,000 on July 13, 2012, KRW 4290,00 on July 21, 2012, KRW 400,000 on July 23, 2012, and KRW 14.855 million on July 25, 2012.

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

[2013 Highest 3275]

3. On May 6, 2011, the Defendant made a false statement to the victim E that “at a place where it is difficult to identify the place,” the victim E sent three quality of the full-time teacher’s office to the victim E.

However, even if the defendant receives teaching materials from the victim, he/she did not have the intention or ability to send the above collection.

The Defendant, by deceiving the victim as above, received KRW 570,00 from the victim to the bank account (Account Number:F) in the name of the Defendant on the same day from the victim, and acquired it by fraud.

Summary of Evidence

Criminal facts of the judgment Nos. 1 and 2 [2013 Highest 1723] 1.