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

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

[2016 Highest 4889]

1. On October 2012, the Defendant received the victim D through C, which was under the educational system at the time, when gambling funds were needed as a result of the loss of approximately KRW 600 million due to gambling.

On October 6, 2012, the Defendant, at the victim’s residence in Seongbuk-gu, Sungnam-si, the victim, “The land equivalent to approximately KRW 4 billion was sold to Samsung, and the price was provisionally seized by the wife and the divorce lawsuit. The Defendant borrowed money during the divorce lawsuit. He borrowed money during the divorce lawsuit, and repaid the money, and borrowed KRW 100 million out of the business funds of the Asia.”

However, at the time of fact, the Defendant did not have any land owned at the time of Sejong, and there was no fact that he sold the land to Samsung for KRW 4 billion, and there was no fact that he was in a divorce lawsuit with his wife, and even if he was in arrears with health insurance premiums due to gambling, he did not have any intent or ability to repay the land even if he borrowed money from the victim.

Nevertheless, the Defendant deceiving the victim as such and received KRW 400,000 from the victim to the national bank account in the name of C around October 6, 2012, and received KRW 114,930,000 in total over 65 times from that time to June 7, 2013 in the same manner as indicated in attached Table 1.

[2016 Highest 6570]

2. When money for gambling was needed while the Defendant lost money due to gambling, the Defendant thought that money was lent to the victim F of the teaching materials at the time to use for gambling money.

On December 8, 2011, the Defendant sold the land equivalent to approximately KRW 4 billion inherited from the ancestor to Samsung, which was provisionally seized by the wife and divorce lawsuit. The Defendant made a false statement to the effect that “The land was sold from the ancestor to Samsung, and the price was provisionally seized by the wife and divorce lawsuit. The money needs to be loaned during the divorce lawsuit.”