A defendant shall be punished by imprisonment for two years.

Punishment of the crime

On October 31, 2014, the Defendant sentenced the Seoul Western District Court to two years and eight months of imprisonment for fraud, etc., and completed the execution of the sentence on July 14, 2016 at the Seoul Southern Southern District Court.

1. On July 24, 2017, the Defendant expressed his/her intention to the victim D at the C restaurant located in Jongno-gu Seoul Metropolitan Government, Jongno-gu, Seoul, and concluded that “When this Dorrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrhe/shes more than KRW 15 million,000,000 until September 25, 2017, the Defendant would return KRW 18 million to the victim.”

However, even if the defendant borrowed 15 million won from the victim, he did not want to borrow it again and use it for the repayment of other obligations of the defendant, but did not have any intention or ability to repay the borrowed money because there was no certain income or special property.

The Defendant received KRW 15 million from the victim to the account in the name of the Defendant NongHyup Bank on the same day.

Accordingly, the defendant, by deceiving the victim, received the property and acquired it.

2. On July 31, 2017, the Defendant displayed the Dog himself and the written appraisal at the above cafeteria on July 21, 2017, and falsely stated that “If this Dog itself lends 200 million won higher than the market price of 2.5 billion won, it would return 77 million won until October 1, 2017, if it lends 50,000 won.”

However, in fact, even if the defendant did not have certain income or special property and borrowed money from the victim to the victim himself/herself again, he/she did not have any intention or ability to repay the borrowed money because he/she could not obtain much profit.

The Defendant received KRW 50 million from the victim to the account in the name of the Defendant NongHyup Bank on the same day.

In this respect, the defendant deceivings the victim and receives the property.