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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
"2019 Highest 1190"
1. On December 16, 2015, the Defendant found the victim C as the office of the Dispute Resolution Co., Ltd, located in the Gu Government-Si, and concluded a false statement that “The F-related business ordered by E is in progress in G, and the contract is in progress. If the business fund is lent KRW 100 million, the Defendant would receive an advance payment.”
However, the Defendant did not have the intent or ability to conclude the F-related business with G, and was a plan to borrow money from the victim to use the money to repay his/her obligation.
Around December 16, 2015, the Defendant, by deceiving the victim, received KRW 100 million from the victim to H’s I account (Account Number J) and acquired it by deceiving the victim.
2. On December 21, 2015, the Defendant made a false statement to the victim at the same place as in the preceding paragraph, stating that “The Defendant would receive advance payment if he/she lends an additional business fund of KRW 60 million to the victim.”
However, the Defendant still did not have the intent or ability to enter into G and F related businesses, and was a plan to borrow money from the victim to use the money to repay his/her obligation.
Around December 21, 2015, the Defendant, by deceiving the victim, received 60 million won from the victim to the Defendant’s K account (Account Number L).
around March 31, 2015, the Defendant stated, “Around March 31, 2015, the Co., Ltd., which is operated by the victim N in Sung-si, will invite Q construction from the Dispute Resolution P, and will be awarded a contract with the representative. If the Defendant lends KRW 100 million to the company R Co., Ltd. operated separately by the representative of the Dispute Resolution P, it will be ordered to order construction works ordered by the Dispute Resolution P.”
However, in fact, R Co., Ltd has no relation with the PP representative, and the defendant thought that the victim would use the money transferred to R account to pay his/her debt to the KR account, and he/she would receive the " Qua Corporation" ordered by the KRP.