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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On November 5, 2012, the Defendant would faithfully pay the victim C a loan with a joint and several surety that intends to borrow KRW 15 million to the Smart Savings Bank.
“A false statement” was made.
However, in fact, the wage that the Defendant received at the large restaurant at the time was excessive to KRW 150 to 18 million per month, and at least KRW 1 million per month was disbursed to repay the existing loan. Therefore, even if the victim bears the joint and several liability for the loan amounting to KRW 15 million, the Defendant did not have the ability or intent to repay the loan.
On February 6, 2014, the Defendant had the victim repay the loan balance of KRW 13,229,831, on the ground that the Defendant did not repay most of the above loans even though the Defendant borrowed KRW 15 million from the Smart Savings Bank, and the Defendant did not repay most of the above loans.
Accordingly, the defendant, by deceiving the victim, acquired the monetary benefits equivalent to 15 million won of the amount of joint and several liability from the victim.
2. On May 2013, the Defendant: (a) extended a loan to the said victim C, which was not due to bad credit standing in need of KRW 30 million; and (b) provided a loan to the said victim C in good faith.
“A false statement” was made.
However, in fact, since the wage received at the time of large restaurant was excessive to KRW 150-18 million per month, and approximately KRW 2 million per month was disbursed to repay the existing loan, there was no ability or intent to repay it even if it was borrowed money from the injured party.
The Defendant received KRW 5,00,000 from the injured party in cash on May 16, 2013, and received KRW 700,000 from the agricultural bank account in the name of the Defendant on the same day, and received KRW 25,650,000 from the agricultural bank account in the name of the Defendant on May 20, 2013, and received KRW 31,350,000 on three occasions, such as transfer of KRW 25,650,00 from the agricultural bank account in the name of the Defendant on May 20, 20