A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

[2018 Highest 2769]

1. Fraud against the victim B;

A. On September 2015, the Defendant borrowed money from the “D Parking lot” operated by the Victim B located in Busan Northern-gu, Busan, to the victim’s “D Parking lot.” The Defendant borrowed money from the victim.

The phrase “ makes a false statement.”

However, at the time of fact, the Defendant was neither a property nor a person with bad credit standing, and was unable to economically perform his/her obligation equivalent to KRW 10 million. Since he/she thought to use the money received from the victim for personal debt repayment, living expenses, etc., he/she did not have any intent or ability to repay the money even if he/she borrowed it from the victim.

On October 30, 2015, the Defendant: (a) by deceiving the victim; and (b) received money from the victim via the F Bank account (G Account Number) in the name of E around October 30, 2015.

B. On November 12, 2015, the Defendant purchased the instant victim’s 4.5t molding to the said victim.

For this reason, there is no business because there is no number plate of the above vehicle.

It shall lend 15 million won with the purchase cost of the number plate. It shall be repaid with money.

“The phrase “ was false.”

However, in fact, the Defendant was in an economically difficult condition as stated in Paragraph 1(a), and the Defendant did not actually purchase the vehicle, and there was no intention or ability to repay the money even if it borrowed the money from the damaged party, because he was willing to use the money received from the injured party for personal debt repayment, living expenses, etc.

The Defendant received 15 million won from the damaged party to the account in the name of E under the same name as the borrowed money on the same day.

2. On March 25, 2016, the Defendant: (a) called the victim H on a fluoron site on March 25, 2016, when the vehicle repair cost was leased KRW 900,000 to the mother while carrying the cargo and driving a long distance, the Defendant would immediately deposit the vehicle on the following day.

The phrase “the phrase was false.”

However, at the time of fact, the defendant was not a property and was a bad credit partner.