A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[2015 Highest 1485]

1. 피고인은 2013. 6. 27.경 제주시 남광북5길 3(이도이동)에 있는 제주지방법원 정문 앞길에서 피해자 C에게 “친구와 공동으로 땅을 샀는데 친구가 부도가 나서 이를 막아야 하니 1,500만 원을 빌려 달라. 2개월 뒤에 갚겠다.”라는 취지로 말하였다.

However, in fact, the Defendant had no particular property at the time, and the obligation amounted to approximately KRW 40 million, and the Defendant thought that he would use the land individually because he did not know about the land jointly with his friendship, and there was no intention or ability to repay the money even if he borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 15 million from the victim in cash and acquired it by fraud.

2. In July 2013, the Defendant stated to the effect that “If 1.5 million won is additionally lent to the victim C at a place where a place where a police officer cannot be identified, she would have to repay the money first borrowed.”

However, the defendant did not have any intention or ability to repay the borrowed money from the victim, such as the statement in Paragraph 1.

Nevertheless, around July 20, 2013, the Defendant, by deceiving the victim as above, received KRW 1.5 million from the victim to the Defendant’s book in the name of D.

[2015 Highest 1695]

1. On August 29, 2015, at around 14:30, the Defendant made a false statement to the effect that “The Defendant borrowed money from a vehicle as security at a horse race track to the victim E at a place where the location below Jeju Special Self-Governing Province is unknown.”

However, even if the defendant received money from the victim, he did not think of the credit business using the vehicle as security, and he thought that he was using the money as debt repayment, etc. of the defendant.

The Defendant, as such, deceiving the victim and deceiving him, is the Defendant around August 29, 2015.