Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

"2019 Highest 3098"

1. Fraud against the victim B;

A. A. On March 7, 2018, the Defendant proposed that he would make a work by telephone to the victim B, who was scam in the Dobcheon-si Action, and said that “I would make an installment payment if I would make a purchase of benz C200 in the name of four and transfer to B.”

However, since the defendant did not have a certain profit at the time, even if he received the above car from the victim, he did not have the intention or ability to pay the installments of the amount of KRW 1 million per month.

The Defendant obtained a loan of KRW 57 million from C from the victim, and acquired a pecuniary profit equivalent to the installment payment due to the failure to pay the installments despite the fact that the victim was given a 57 million car at the market price purchased under the name of the victim.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

B. Around March 9, 2018, the Defendant stated that “I will use 2.6 million won if I lend 2.6 million won to the victim E” and “I will pay full payment immediately.”

However, the defendant did not have any profit at the time, so even if he borrowed the above money from the victim, he did not have any intent or ability to repay it.

The Defendant received 2.6 million won from the victim as the borrowed money on the same day.

Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.

C. On August 11, 2018, at a place where it is impossible to know less than the dynamic Dobcheon-si Action, the Defendant stated that “The interest rate on the loan of Dob-si is lower by making a substitute loan due to the high interest rate. The Defendant would make a substitute loan by paying the loan to the victim B with the loan of 4 million won.”

However, the defendant did not know about the substitute loan, and even if he received 4 million won from the victim, he was expected to use it as personal living expenses or entertainment expenses of the defendant.