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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Around October 24, 2011, the Defendant against the victim D told the victim D to “FC” located in Gangseo-gu Seoul Metropolitan Government E, and that “The victim D will receive the deposit money for the apartment house owned by the second son within the two months if he/she lends money necessary for the second son’s business.”
However, the defendant worked as G business place at the time, and owned apartment houses and other real estate, but the debt amount of bank loans and debentures was equivalent to 3.6 billion won, and only 9.8 billion won interest of bank loans and debentures was paid for each month, and the profit alone did not meet the interest on the loan and so on by credit card. The defendant's real estate was disposed of by collateral security in the financial right, etc., and even if it was disposed of, it was difficult for the defendant to dispose of the real estate due to the economic invasion, there was little amount of money, and in fact, it was difficult for the defendant to dispose of the real estate due to the economic invasion, and it was used in full for debt repayment, etc. by lending money from the victim, and even if he borrowed money from the victim, there was no intention or ability to repay it within the agreed time.
Ultimately, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim on the same day, and transferred KRW 20 million around November 14 of the same year, and received KRW 5 million from the victim on or around 24th of the same month.
2. On March 17, 2011, the Defendant provided that “The Victim H shall repay the money to the Victim H in one month if he/she lends the money to the Plaintiff as he/she is required to create goods to engage in trade business.”
However, as above, the defendant was in a situation where only 9.8 million won interest on bank loans for each month was required to pay the above debt amounting to 3.6 billion won, and the profit alone is not enough to cope with the interest on the loan, and is named by credit card.