A defendant shall be punished by imprisonment for four years.

Punishment of the crime

[The Defendant was sentenced to two years of imprisonment for fraud at the Daegu District Court on February 8, 2013, and completed the execution of the sentence on April 17, 2014.

[Criminal facts] 2016 Highest 1715

1. In order to continue the restaurant business in which multiple creditors failed to pay interest and principal, and from September 2015, the Defendant was willing to prevent the return of name by borrowing money from several victims in order to continue the restaurant business in which “C” began from September 2015.

A. On December 22, 2014, the Defendant, against the victim D, made a false call to the victim D at a place where the location is unknown, and the victim D calls to “I would pay KRW 5 million for the sum of interest on the loan of KRW 3,300,000 to one month.”

However, in fact, the Defendant, without any special income as above, was prevented from lending money to the people around, and thus, even if borrowed money from the damaged person, there was no intention or ability to repay the principal and interest in accordance with the agreement.

As above, the Defendant: (a) by deceiving the victim; (b) received 3,300,000 won from the post office account in the name of E (F) under the name of the same day from the victim; and (c) received from the victim, from that time on December 1, 2015, totaling KRW 232,40,000 from that time on 55 occasions, such as the previous list of crimes (1).

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

B. On May 30, 2015, the criminal defendant against the victim G made a false statement to the victim G, “I lend KRW 50 million to the victim G, who is responsible for three months after the J, as well as to complete payment.”

However, in fact, the Defendant, without any special income, borrowed money from the surrounding people, and thus, agreed to the victim even if he borrowed money from the damaged person.