A defendant shall be punished by imprisonment for two years.

The defendant shall pay 43,443,464 won to the applicant for compensation by fraud.

3.2

Punishment of the crime

On February 3, 2012, the Defendant was sentenced to four months of imprisonment for fraud at the Daejeon District Court on February 3, 2012 and completed the execution of the sentence in the Daejeon Prison on March 19, 2012.

"2014 Highest 761"

1. On March 19, 2013, the Defendant stated that “The Defendant would give the victim C with a lot of money under the law of Nanaman Party E, which is located in Yeongdeungpo-gu Seoul Metropolitan Government D, and return it to KRW 00 million within a few months.” In addition, from April 2013, the Defendant stated that “First of all, the Defendant would open a mobile phone to the new account and use it and pay it in full.”

However, as seen above, the Defendant had no intent or ability to pay the victim’s money, and at the time, the Defendant did not have any particular property or income, while there was no intention or ability to pay the said money because of a large amount of personal debt.

Nevertheless, the Defendant, by deceiving the victim, opened a mobile phone in the same day under the name of the victim and used it until August 2013, and did not pay the total amount of KRW 1,442,390, and did not acquire the same property interest.

2. On March 25, 2013, the Defendant made a false statement to the effect that “If there is no cash, the Defendant would request a credit card to pay money, and would pay the credit card use money.”

As stated in paragraph (1), the Defendant, by deceiving the victim as described in paragraph (1), received the national card, Samsung Card, and us card from the victim, and used it from March 28, 2013 to April 13, 2013, and did not pay the total amount of KRW 24,120,530, and did not acquire the same amount of property benefits.

3. The Defendant is Gangseo-gu Seoul around March 29, 2013.