A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. On September 15, 2012, the Defendant committed the fraud related to C calls to the victim D and makes a false statement to the effect that “A is urgently needed for C to pay the organic food store operated by the roposin C, but C would pay the money more than three months if it loans KRW 5 million.”

However, at the time, the Defendant had already paid the interest of KRW 50 million or more per month due to the debt worth of KRW 200 million, and the Defendant did not deliver the money received from the victim to C, but did not intend to pay the money to the Defendant’s personal debt and living expenses, etc., and thus, the Defendant did not have any intent or ability to pay the money even if he borrowed the money

The Defendant received KRW 5 million from the victim to the Agricultural Cooperative (E) account in C in the name of the same day on October 6, 2012, by deceiving the victim by the same method, and received KRW 5 million in total from the victim to the said account on two occasions.

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

2. Around September 20, 2012, the Defendant made a false statement to the victim D that “F would make payment three to four months if it lends KRW 100,000 to F that it is urgently needed to make money.”

However, in fact, the Defendant had already paid 50 million won or more interest per month due to the debt of 200 million won or more at the time. The Defendant did not deliver the money from the victim to F, but did not intend to pay the money to the Defendant’s personal debt and living expenses, etc., so there was no intention or ability to pay the money even if he borrowed the money from the victim.

The Defendant received KRW 1 million from the victim to the Agricultural Cooperative (G) account in F in the name of the same day on October 5, 2012, by deceiving the victim by the same method, and received KRW 2 million from the victim to the said account.