A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[2019 Highest 4167] The father B and the victim C are the same four residents.

The Defendant, with the knowledge of the fact that B borrowed money from the neighboring people, he was aware of the fact that B borrowed money from the victim, by making a false statement that “I need money to run a stock investment business through D, whose father is in Hong Kong, and I want to obtain money directly from the victim.”

On January 11, 2016, the Defendant stated that “I need to pay to the victim the money to be used as fees, etc. for the overseas stock investment business through D, a father, in Hong Kong. I want to recover and repay the proceeds immediately when I lend money.”

However, in fact, the defendant thought that he borrowed money from the victim to use it as gambling fund, etc., so even if he borrowed money from the victim, he did not have the intention or ability to pay it.

Nevertheless, the Defendant, as such, by deceiving the victim and deceiving the victim from that time until July 30, 2016, obtained a total of 3,8560,000 won from the victim on a total of 29 occasions, as shown in the attached Table 1, from July 30, 2016.

[2019 Highest 4917]

1. On January 29, 2014, the Defendant stated that “Before leaving Korea, D had worked at the bottom of a person, but in the process of bringing in money to Korea by D in Australia, the Defendant was in need of KRW 10,000,000 to resolve the problem. If the money was lent, the Defendant would later bring out KRW 200,000.”

However, even if the Defendant borrowed money from the victim, it was thought that he would use it as gambling money, so there was no intention or ability to repay the money borrowed from the victim.

Nevertheless, the Defendant, by deceiving the victim as such, received a total of KRW 40,400,00 from the victim to January 29, 2017, as shown in attached Table 2, as from January 29, 2014 to January 29, 2017.