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

Punishment of the crime

[2013 Highest 2102] The Defendant, from November 2007 to March 2012, operated the clothing sales business under the trade name of “D” in Namyang-si, Namyang-si.

The Defendant paid the principal and interest of the money borrowed from E, F, G, H, I, and the Victim J, and paid the monthly card payment, and did not intend to use it as a true usage and borrowed money from the victim in order to pay the card payment.

On April 29, 2008, the Defendant made a false statement at the above victim’s house located in the Jung-gu Seoul Metropolitan Government K, stating that “I will use only 20 million won for one month, and I will lend 200,000 won as interest.”

However, even if the defendant borrowed money, he did not have the intention or ability to pay the principal and interest to the victim.

Accordingly, the Defendant, by deceiving the above victim, received 20 million won from the above victim to the national bank account (M) in the name of the Defendant on April 29, 2008.

In addition, from the above date to September 19, 201, the Defendant, as shown in the list of crimes in the attached Table, received a total of KRW 123 million from the above victim nine times from the above victim and acquired it by defrauded.

[2013 Highest 2155]

1. Around October 6, 2010, the Defendant: “D” in the Defendant’s operation of the Defendant located in Yangyang-si, Nam-si; “D” in fact is difficult to operate the said good store and is unable to repay the money borrowed from another person as a promise because there is no particular revenue; thus, even if the Defendant borrowed money from the victim H, he would have been able to repay the debt, etc. to the said other person, so even if he borrowed money from the victim H, he would have been able to repay the debt, etc. to the said other person, and thus, he would pay money to the U.S. even though he did not have an intention or ability to pay as a promise,” and “I want to pay money to the victim after he did not have an intention or ability to pay as a promise.”