A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The defendant was known with the victim around 2003, before the victim B (here, 36 years of age) was married.

1. Fraud;

A. On August 8, 2012, the Defendant called, “On the part of the Defendant, the Defendant called the Defendant to return money to the Defendant in a mountain located on the inner part of the Manduk-dong Manduk-dong, Busan, to the Defendant, that “If the Defendant lent KRW 2.5 million to the wife to the Defendant, he would receive money from the Defendant, which would have been paid in return, because he would have received money from the Defendant.”

However, the Defendant did not have any intent or ability to repay the debt amounting to KRW 10 million, even if he/she borrowed money from the victim without any specific income, as well as there was no such claim at the time.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 2.5 million from the victim under the name of the Defendant’s credit union account on the same day.

B. On August 9, 2012, the Defendant called “the mother of the Defendant in the Dong-gu Busan Metropolitan City, who called the victim before his home, called “the wife requested divorce, and changed to 12 million won as consolation money, and only 1.3 million won as her mother and her husband borrowed money.”

However, there was no fact that the defendant was requested by his wife to divorce and consolation money, and even if he borrowed money from the victim, he did not have the intention or ability to pay it.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 1.3 million from the victim under the name of the Defendant’s credit union account on the same day.

C. On September 21, 2012, the Defendant called, “The Defendant sent consolation money to his wife in the vicinity of his mother in Busan Dong-gu, Busan, by phoneing the victim in the vicinity of his house,” and saying, “The Defendant shall lend consolation money to his wife in excess of two million won.”

However, there was no fact that the defendant was requested by his wife to divorce and consolation money, and even if he borrowed money from the victim, he did not have the intention or ability to pay it.

Nevertheless, the Defendant is above.