A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

From December 26, 2003 to January 21, 2013, the Defendant borrowed approximately KRW 78 million from the victim C in total nine times, and repaid KRW 41,720,000 among them around April 21, 2014. On June 2015, the Defendant operated ginseng sales business and received monthly income of KRW 1,00,00 to KRW 11,000,000. On the other hand, the Defendant paid KRW 37,000 to the said victim’s debt and financial institution’s debt to the said creditor at KRW 12,00,000,000,000,000,000,000,000,000 won as interest or interest on the said debt each month, and paid the remainder of the Defendant’s credit card and paid interest on the loan to the said creditors as the income of the Defendant’s family.

On June 15, 2015, the Defendant called the victim’s phone call at the station located in the office of the National Bank of Korea of Gangnam-gu Seoul, Seoul, to the effect that “if the Defendant is in office, ginseng was released at the price at this time at the headquarters, and there is no possibility to immediately sell the goods to the customers unless it is offered this opportunity, the Defendant would repay the principal within one year, pay the interest of two parts, and pay the same at any time because he knows that he/she will immediately marry his/her marriage.”

However, under the above circumstances, the Defendant was unable to repay the principal to the victim within one year, and was scheduled to pay the Defendant’s card payment with the amount received from the injured party, and to pay interest to the creditors including the injured party. Therefore, even if borrowed the money from the injured party, the Defendant did not have any intention or ability to pay it.

Nevertheless, the defendant deceivings the victim as above and receives 10 million won from the victim's bank account in the name of the defendant on the same day from the victim, and he is also subject to attached crimes list.