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

Punishment of the crime

The defendant was operating a sales agency business in Gwangju Mine-gu with the trade name "C".

[2018 Highest 4064] On October 4, 2016, the Defendant: “Around October 4, 2016, it is necessary to pay money to the victims for the sale of the distribution center and commercial building in the Seoul Special Metropolitan City Distribution Center. When the sale of commercial buildings was made, the sales of commercial buildings would be made within six months, including the amount of money that has not been paid and the amount of money that has not been paid up to 10 billion won.”

However, in fact, the Defendant did not have any particular property, was a person with bad credit standing due to excess of debt, did not operate a commercial sales business, and even if he borrowed money from the victim due to no specific method of profit-making, there was no intention or ability to pay the agreed money to the victim within six months.

On October 4, 2016, the Defendant, by deceiving the victim, received 30 million won from the victim to the Agricultural Cooperative (F) account under the name of the Defendant E in the name of the Defendant’s father.

[2019 Highest 2180]

1. On July 26, 2016, the Defendant stated, “Around July 26, 2016, the victim G is urgently required to sell the apartment in H’s location. If the Defendant borrowed KRW 30 million to the victim G, the principal shall be repaid by October 28, 2016 and the interest shall be paid by 5% per month for three months.”

However, even if the victim borrowed money, the defendant did not have the intent or ability to repay the borrowed money as agreed.

On July 26, 2016, the Defendant deceptioned the victim as above, and acquired 28.5 million won from the victim to the Agricultural Cooperative (I) account in the name of the said financial holding company.

2. On January 26, 2017, the Defendant stated, “Around January 26, 2017, the victim G is unable to pay the benefits to the victim G. The Defendant borrowed KRW 5 million under the name of the employee’s life-saving. The Defendant will pay back the Gu administration after one week.”

(b).