A defendant shall be punished by imprisonment for four years.

Punishment of the crime

[2013 Highest 1297] The Defendant: (a) around 17:00 on June 15, 2011, at the E agency located in Yongsan-gu Seoul Metropolitan Government; (b) D with D, under a lease contract with Aju Capital Co., Ltd.; (c) the victim F entered into and operated a lease contract with D; and (d) paid to D KRW 9,000,000 as down payment under the condition that D succeeds to the car in the name of the corporation after the third month on the condition that D would succeed to the car in the name of the corporation; and (d) the Defendant was in custody for the victim after delivery from D;

7. At around 23:00, around 23:50, I borrowed KRW 25.5 million from J prior to I located in Seocho-gu Seoul, Seocho-gu, as security, and embezzled it.

[2013 Highest 1760]

1. On May 7, 2010, the Defendant stated that “B is a person specialized in stock investment, who lends money, will repay KRW 500 million to the victim K within 45 days by investing in the stocks.”

However, even if the Defendant borrowed money from the victim, it was thought that he would be used to purchase high-priced crafts and use them for the cost of living or to repay personal debts, and there was no intention or ability to repay with the proceeds from the investment of stocks.

The Defendant, by deceiving the victim as such, received KRW 50 million on the same day from the victim’s bank account in the name of the Defendant, KRW 10 million on the 10.10 million on the 13th of the same month, and KRW 30 million on the 13th of the same month from the time to February 21, 2013, and received KRW 1,227,50,000 from the victim by deceiving 13 victims as shown in the List of Crimes (1).

2. On November 3, 2010, the Defendant, at the Gangnam-gu Seoul Gangnam-gu business office, paid NMW car, KRW 4,042,862 once from November 20, 2010 to June 20, 2014, KRW 4,434,675 to pay rent of KRW 194,73,887 on the 20th of each month, and paid KRW 194,73,887 on the 20th of each month.