A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[2012 Highest 4750] The Defendant is a person who has been in charge of the business of operating hotel and Gads in C, a corporation operated by the victim B from October 2006 to August 2012.

1. On September 5, 2011, the Defendant, at C office located in the fourth floor of the Jung-gu Seoul Metropolitan Government D D Building, used Internet Messenger’s guarantee on the victim’s Internet Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Messenger’s Mes. In short, around September 20, 201

However, in fact, the defendant borrowed money from the victim to use it for the repayment of his existing debt, and the father of the defendant was unable to sell the money in advance, so the defendant did not have the intention or ability to pay the borrowed money on the agreed date.

The Defendant received 20 million won from the victim to the national bank account (E) in his/her own name on the same day.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. Around August 22, 2012, the Defendant: (a) at the office of the said C Co., Ltd., the Defendant transferred KRW 4,959,480 to the Plaintiff’s business partner F, who is the business partner; (b) transferred the refund money to G’s account, who is an employee of F; and (c) made a false statement.

However, in fact, the defendant paid 2,889,480 won to G, which he personally requested, and the remaining amount was used for personal purposes by receiving from G to his own foreign exchange bank account.

On August 22, 2012, the Defendant had the victim transfer KRW 4,959,480 to the National Bank Account (H) account in the name of G, and received KRW 2,070,000 from G, excluding the air ticket price, from G, to the said one’s foreign exchange bank account (I).

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

[2012 Highest 4792]

3. The defendant.