A defendant shall be punished by imprisonment for three years.

Punishment of the crime

"2017 Highest 6402"

1. Fraud;

A. A. Around June 2015, the Defendant concluded that “When the Defendant borrowed money from a certified judicial scrivener office located in Guro-gu Seoul Metropolitan Government to a victim D, the principal and profits will be guaranteed in any case, and thereafter, the Defendant would create a collateral security right for E and F forest land in the light-si Seoul Metropolitan Government.”

However, in fact, the Defendant had a debt of KRW 80 million at the time, and the amount received from the victim was thought to be used to repay the existing debt, and did not intend to invest in the construction project. The above E forest land had already been established with a collateral value of KRW 150 million, and the F forest was not owned by the Defendant, and thus, it did not have any intent or ability to set up a collateral or repay the said money, even if the Defendant borrowed money from the victim, since F forest was not owned by the Defendant.

Nevertheless, the Defendant, by deceiving the victim as above, deposited KRW 85 million from the victim’s G bank account in the name of the Defendant on or around June 4, 2015, and received KRW 20 million on or around June 5, 2015, and deposited KRW 30 million on or around August 31, 2015, and deposited KRW 10 million on or around September 1, 2015, and received KRW 35 million on or around the same day, and received KRW 10 million on or around September 4, 2015, and received KRW 50 million on or around September 4, 2015, and acquired KRW 420 million on or around the same day.

B. On December 21, 2016, the Defendant called the victim H, an elementary school, at an irregular place, to the victim H, and falsely stated that “The Defendant would make high profits if the customer of the certified judicial scrivener office, who works in the workplace, invests in the new building construction project run by the certified judicial scrivener office,” and that if he/she lends money to B, he/she would make the principal and interest KRW 20,000,000,000,000

However, at the time, the Defendant had a debt of KRW 300 million to I, and the amount received from the victim was considered to have been used to repay the above debt, and this was constructed.