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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Criminal facts
1. On March 31, 2016, the Defendant borrowed KRW 153,350,000 from June 2008 to November 2008 to the victim B (or (or (or (or (or) at the time 37 years of age) who became aware of through a terator, and was unable to repay KRW 40,950,000,000,000,000 among them, the Defendant called the victim on March 31, 2016 and made a loan to the head of the insurance company with high interest on the part of the head of the branch office of the insurance company. When the head of the branch office was at the end of each month, it is necessary to pay money at that time. If the amount of interest was lent KRW 20 million,000,000,000,000, it shall be paid in full prior to the payment, and shall be repaid within one year.”
However, in fact, the Defendant did not intend to deliver the money borrowed from the victim to the head of the branch office of an insurance company, and was willing to repay the Defendant’s debt to C, D, and E, the obligee of the Defendant, and did not have any assets specially held at the time. On the other hand, F, as well as C, etc., did not have any intent or ability to repay the principal and interest within the period agreed upon by the victim.
Nevertheless, on March 31, 2016, the Defendant, by deceiving the victim as above, got the victim transferred KRW 20 million to G account (Account Number: H) in the name of the Defendant to the victim.
2. On April 7, 2016, the Defendant made phone calls to the victim on or before April 6, 2016 and made a false statement as described in paragraph 1, stating, “If the Defendant lends KRW 10 million to the victim, he/she will make reimbursement within one week.”
However, in fact, the Defendant did not intend to deliver the funds borrowed by the victim to the head of the branch office of an insurance company as stated in Paragraph 1, and was willing to repay the above funds to the Defendant’s creditor I, J, etc., and did not have any assets especially held at the time, while the Defendant did not have any assets held in F, as well as KRW 30 million.