A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant against C, an applicant for compensation, KRW 25 million, and the applicant for compensation.

Punishment of the crime

"2019 Highest 3098"

1. Around May 13, 2013, the Defendant against the victim D made a false statement to the victim D, who is a construction business operator, in the Jung-gu E office located in Jung-gu Seoul Metropolitan Government, that “The F Headquarters is established in Korea, and the head of the headquarters is the actual person in charge of the headquarters, and the office and the temporary research institute contract will be formed in May of this year, and there are many other construction projects thereafter. If the Defendant borrowed KRW 10 million, he/she will be able to fully repay and perform interior works by the end of six months.”

However, in fact, G, who is the defendant's seat, operated the H approval agency, and the defendant did not have any relation with the above company and did not have a position to contract office interior works. While there was no special property, while employees were in the situation of retirement due to the bad operation of the health functional food company operated at the time, there was no intent to pay workers' wages and retirement allowances in return for money from the victim, and there was no intention or ability to pay money to the victim.

Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 10 million from the victim as the borrowed money on the same day.

2. On July 20, 2013, the criminal defendant against the victim C made a false statement to the victim C that “The balance of the parent account needs to be proved for the study of the United States in the Republic of Korea. F headquarters is to be induced, and if the defendant borrowed KRW 30 million, he/she will only prove the balance and pay money at the end of August from the visa.”

However, the Defendant did not work to attract “F headquarters” as stated in the foregoing paragraph (a). However, the Defendant thought that it would receive money from the victim to use it as the purchase cost of airline tickets and the cost of study abroad due to economic difficulties, and thus, it is limited to the purpose of proof of balance.