A person shall be punished by imprisonment with prison labor for not less than four months, or by imprisonment for not more than two or three months with prison labor for a crime set forth in the judgment of the defendant.

(b).

Punishment of the crime

[M] On January 6, 2012, the Defendant was sentenced to a suspended sentence of two years for fraud at the Busan District Court on August 6, 2012, and the said judgment became final and conclusive on the 14th of the same month.

[Criminal facts] The Defendant is a person who served as an insurance designer in around 2011 at “C”, and the victim is a customer of the Defendant.

The Defendant, while working as an insurance designer, was liable for a debt exceeding KRW 400,000,00 to receive money by deceiving the victim, who is a customer, who was believed to believe that it is difficult to cope with interest payment.

1. On August 31, 201, the Defendant stated that “F” restaurant where the victim E in the Geum-gu Busan Metropolitan City worked as an employee, the Defendant: “Around August 31, 201, the Defendant may receive KRW 70,000,000,000 from a certified judicial scrivener’s expenses, on the face of the State, the Party’s wage that the Plaintiff did not receive from the restaurant proprietor, and the money that the Defendant lent to his/her wife, the restaurant proprietor, within the limit of KRW 7,00,00.”

However, in fact, the defendant thought that he will receive money from the injured party for personal purposes, such as living expenses, and did not have the intent or ability to realize the victim's claim.

The defendant deceivings the victim as above and received 2 million won from the victim, namely, the fees of a certified judicial scrivener.

2. On November 9, 2015, the Defendant stated that “A” office located in Busan Metropolitan Government Y referred to as “C” office that received a loan from the victim as collateral and borrowed the variable insurance that he/she bought through B through B, he/she is liable for every month and will pay the interest and principal.”

However, in fact, the defendant did not have any specific property at the time and did not pay the interest amounting to 460 million won, and there was no intention or ability to pay the interest amount even if he borrowed the money from the injured party because he thought that he would be used for the repayment of an urgent debt with the money given from the injured party.

The defendant deceivings the victim as above and thereby is the victim.