A defendant shall be punished by imprisonment with prison labor for up to six months.

Each application for compensation filed by an applicant is dismissed.

Punishment of the crime

[criminal power] On October 19, 2016, the Defendant was sentenced to ten months of imprisonment for a crime of fraud at the Seoul Northern District Court on August 18, 2017, and the execution of the sentence was terminated on August 18, 2017. On June 4, 2020, the Defendant was sentenced to one year and six months of imprisonment for a crime of fraud, etc. at the Busan District Court Western Branch, and the judgment became final and conclusive on June 12, 2020.

【Criminal Facts】

1. On December 2018, the criminal defendant against the victim C calls the victim C, who was an insurance designer that he/she became aware of in the course of purchasing the insurance policy for the first time on December 2, 2018 and concluded that he/she would make all payments within six months if he/she loans KRW 35 million to the victim C.

However, at the time of fact, the Defendant did not have any special occupation, and there was a debt worth KRW 150 million to other persons, and the financial situation was not good, and the Defendant was required to lend the above money from the victim to return the existing debt, so there was no intention or ability to repay the money as promised even if he borrowed the money from the victim.

Nevertheless, around December 12, 2018, the defendant acquired 35 million won from the victim to the E-bank account in the name of D (F).

2. Fraud against the victim B;

A. On February 13, 2019, the Defendant phoneed the victim B who became aware of through the Seochoman C on February 13, 2019, and falsely told that “A bank is able to grant a loan of KRW 16 million in the future. It is urgently necessary to pay money. It is required to pay money in short of the money borrowed from C. It is required to pay in full. Around February 13, 2019, the Defendant borrowed KRW 16 million, if he/she borrowed money from C, he/she will pay in full until May 31, 2019.”

However, as stated in Paragraph 1, the Defendant did not have any intent or ability to repay as promised even if he/she borrowed money from the victim, because there was a debt worth KRW 150 million to other persons, and the financial situation was not good. Since the Defendant had to lend the above money from the victim to return the existing debt, the Defendant did not have any intent or ability to repay the money as promised.

Nevertheless, it is not possible.