A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall pay 80,000 won to the applicant for compensation by deceit.

3.2

Punishment of the crime

1. On October 17, 2019, the Defendant made a false statement to the victim C Co., Ltd. that “The Defendant would repay the loan to the victim C Co., Ltd. within the agreed period, in order to provide the DSS5 car in Korea as security.”

However, in fact, the defendant had a personal obligation equivalent to KRW 400 million at the time, and there was no particular income and had already been transferred a car to be offered as security to the victim to another lender, so there was no intention or ability to repay even if he received a loan from the victim.

Around October 17, 2019, the Defendant, by deceiving the victim as above, received KRW 10,000,000 from the victim under his/her name through the bank account (F) in the name of the Defendant.

Accordingly, the defendant deceivings the victim, thereby taking the property of 10,000,000 won.

2. Around November 2019, the Defendant, at the Defendant’s residence located in Yeonsu-gu Incheon Metropolitan City, posted a letter stating that “I sell merchandise coupons” to the Internet “H” and reported it to the victim B, who works for the “B” as an employee of the “I”, and the head office should pay allowances as merchandise coupons and requires cash necessary for business. Therefore, the Defendant would first pay money as merchandise coupons equivalent to the amount calculated by adding 20% to the money received later than the second week of deposit.”

However, in fact, the Defendant had a personal debt amounting to KRW 400 million at the time and had no specific income, such as having been actually engaged in the said “I”. Thus, even if the Defendant received money from the victim, it was thought that he would consume it under the pretext of debt repayment or living expenses, and there was no intention or ability to pay gift certificates to the victim.

The Defendant, as above, deceiving the victim and deceiving him from the victim, is the name of the gift certificates price through the bank account (F) in the name of the Defendant around November 19, 2019.