A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

[2017 Highest 530] On July 7, 2010, the Defendant made a false statement to the victim D, “The E (F, etc.) of the Gangwon-do Crossing-gun, the Defendant purchased the said land jointly, thereby changing the purchase price of the insufficient land to KRW 100 million.”

However, at the time of fact, the Defendant had already purchased the above E land jointly before G and the above temporary date, and the Defendant had received the above money from the injured party and thought to use it as living expenses, etc., so even if he received the above money from the injured party, he did not have the intention or ability to purchase the above land together with the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained the amount of KRW 35 million from the victim on July 21, 2010; and (c) obtained the transfer of KRW 65 million from July 23, 2010 to the post office account in the name of the Defendant (Account Number: H) from the victim; and (d) acquired the amount equivalent to that amount.

[2017 Highest 663]

1. On February 2, 2015, the fraud Defendant sent a phone call to the victim I at a non-permanent place on February 2, 2015, thereby falsely concluding that “If the Plaintiff borrowed only KRW 10,000,000,000,000,000,000,000 won, were to be paid off to the victim I.

However, the defendant did not have any intent or ability to repay money, even if he borrowed money from the injured party, since there were many debts such as taxes in arrears and personal bonds at the time of the damage.

Nevertheless, the defendant deceivings the victim as above and transferred KRW 10,00 to the Agricultural Cooperative Account (K) in the name of J as designated by the defendant from the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. On February 4, 2015, the Defendant, at around February 4, 2015, made a false statement on the part of the Defendant’s house located in the Gangwon-do Crossing-gun, that “I wish to pay off if I lend 2 million won urgently to the Defendant.”

However, the defendant is liable to pay taxes to the National Tax Service at the time of damage.