A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

"2015 Highest 1610"

1. Fraud against the victim C;

A. On October 30, 2014, the Defendant: (a) around 20:0 on October 30, 2014, at a beauty room operated by the Defendant on the first floor, saying, “The Defendant shall have to pay money to the Defendant; and (b) shall have to give priority to the Defendant with borrowed money from other persons. When he/she lends money, he/she shall receive KRW 20 million from the Defendant and make payment without a mold.”

However, the Defendant, without any particular property at the time, was liable to pay approximately KRW 40 million personal debts, and approximately KRW 3 million monthly revenue was paid at approximately KRW 1.6 million with interest on the above obligation, but it was insufficient to cover the living expenses. The Defendant did not have any intent or ability to pay the said amount properly even if he/she borrowed money from the victim, such as having the transferor make a substitute payment.

As above, the Defendant deceivings the victim as above, and received 6 million won from the victim’s account under the name of the Defendant on the 31st of the same month.

B. Around 21:00 on December 1, 2014, the Defendant stated that “The Defendant would have to pay the victim with money instead of paying the money.” On December 26, 2014, the Defendant borrowed money, with KRW 6 million, from the said victim’s vehicle parked in the vicinity of the Pyeongdong Pyeong-dong, Sinpo-si, Sinpo-si.” On December 21, 201, the Defendant concluded that “I would have to pay the money without molding with the money borrowed from the Defendant.”

However, the Defendant had no intention or ability to properly repay money from the victim, even if he borrowed money from the victim due to the economic situation, such as the statement No. 1 (A) at the time, and the Defendant was thought to preferentially repay the Defendant’s other obligations with money borrowed from the victim.

As above, the defendant deceivings the victim as above and is under his control from the victim.

5. The Defendant was transferred KRW 24 million to an account in the name of the Defendant.

C. The Defendant around 14:00 on February 17, 2015.