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A defendant shall be punished by imprisonment for not less than eight months.
All of the applicants' applications for compensation are dismissed.
Reasons
Punishment of the crime
From October 2015 to July 1, 2016, the Defendant received approximately KRW 4 million a monthly wage as a management planning director of F Co., Ltd. located on the 8th floor of Busan Dong-gu E Building, and the victim C and the victim D are employees of the said company.
1. The criminal defendant against the victim C paid the victim C the down payment amounting to KRW 10 million to purchase the land of the Busan Gun, at the office of the above company on December 2015, 2015.
If an intermediate payment of KRW 40 million is not paid, the down payment shall be lost.
It was said that it was used to purchase land on the loan of KRW 40 million as part of the purchase of land, and that it was paid KRW 1.5 million per month as interest on the loan, and that the principal would be fully paid until June 30, 2016.
However, in fact, since the Defendant had a debt amounting to approximately KRW 60 million and paid interest, it is impossible to repay the repayment due to his monthly payment. Since he thought that he has repaid his personal debt with the money that he received from the victim, he did not have any intention or ability to repay the borrowed money to the victim.
Around December 31, 2015, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 40 million to the (G) bank account in the name of the Defendant to the (G) bank account in the name of the Defendant; and (c) received transfer of KRW 5 million to the same account on January 16, 2016, and received KRW 45 million in total twice.
2. On January 26, 2016, the Defendant against the victim D told the victim D to have a joint guarantor to obtain a loan by requiring the purchase cost of the land of the Busan District captain at the office of the above company. However, the Defendant used the loan as the purchase cost of real estate and repaid the loan within six months to prevent any damage.”
However, in fact, even if the defendant received a loan with the victim D as a joint guarantor, he was liable for the personal debt of approximately KRW 600 million, and he was liable for the amount of the loan.