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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[2018 Highest 738] Around July 2017, the Defendant made a false statement to the victim C and D that “if a member store is jointly operated, it may be punished by KRW 10 million from monthly earnings to KRW 7 million.” The Defendant made a false statement to the effect that “The President of the E head office F and family members may be discounted. If he/she intends to receive a family discount, he/she shall deposit the investment amount in the name of the victim C and D.”
However, in fact, the defendant had a debt of 30 million won or more at the time, paid 30 million won or more as interest each month, and thought to be used in paying the defendant's debt with the money received from the victims, and there was no intention or ability to operate E franchise store with the victims.
Nevertheless, the Defendant, by deceiving the victims as such, received money from the victims to G account in the name of F (Account Number H) in the name of F (hereinafter “F”), which is the wife of the Defendant, and acquired by deceiving the victims, KRW 19.5 million on July 26, 2017, KRW 50 million on September 8, 2017, KRW 89.5 million on September 2, 2017, and KRW 89.5 million on September 2, 2017.
[2018 Highest 3342]
1. Around December 7, 2015, the Defendant against the victim I made a false statement to the victim that “a fund to invest in the business of a ship is required, as if he/she entered into a false contract with aner on an apartment in the Seo-gu Jtel, Seo-gu, Gwangju, stating that he/she would sell his/her house after six months if he/she borrowed the apartment in his/her name with a deposit money under four months if he/she borrowed the apartment in his/her name.”
However, the Defendant did not intend to make an investment in the bond business that he/she bought, and attempted to repay the debt amounting to approximately KRW 1.3 billion, and attempted to sell the apartment without any particular property at the time, and there was no intention or ability to repay the debt normally within six months after lending money from the victim.
Nevertheless, the defendant deceivings the victim as above and caused the victim to do so in the K Insurance.