beta
Text
A defendant shall be punished by imprisonment for a term of one year and three months.
Reasons
Punishment of the crime
1. On August 26, 2013, the criminal defendant against the victim D made a false statement to the victim D by referring the “F” operated by the defendant in Gwangju-si, Jeonyang-si, Seoul, to the effect that “F will lend KRW 20 million to the victim D and make a repayment at any time if the victim would have any contact with the need for money.” The defendant made a false statement to the effect that “The interest will be paid in three copies of interest.”
However, in 2010, the Defendant borrowed the personal debt from around KRW 300 million at the time of borrowing the application for personal rehabilitation, and the amount of the credit that the Defendant is liable to pay to the fraternity to which the Defendant was admitted exceeded the monthly revenue of KRW 70 million,000 per month. Since the Defendant was in the situation where he was unable to pay the credit to the fraternity of the fraternity to which the Defendant was operating the fraternity, he did not have the intent or ability to pay the credit normally even if he borrowed the credit from the victim.
The Defendant, as such, by deceiving the victim, received KRW 20 million from the victim to the account of the Defendant on the same day, and received KRW 180,000,000 from the victim in total five times from the above date and time to October 28 of the same year, as shown in the attached Table of Crimes (1).
2. Around August 26, 2013, at the place specified in paragraph (1), the Defendant made a false statement to the victim G, stating that “The Defendant would have a place to pay money by telephone to the victim G, this would be put in a passbook. If the Defendant talks with the head of a Tong only before one month, he will be paid with the money, and the interest will be paid with three-minute interest.”
However, the facts are that the defendant's personal debt reaches approximately KRW 300 million at the time of borrowing the application for individual rehabilitation in around 2010, and the amount of the deposit to which the defendant joined exceeds KRW 70 million in a month.