Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On November 7, 2014, the Defendant made investment in the lending business by the Defendant to the victim D, who was a Kakaoo from the Masan-si, a member of the Changwon-si, to the Kakaoooo Stockholm to the said victim D.
The principal shall be paid in 375,000 won each month in calculating the interest of 15% per year to the relatives who operate the loan business, and the principal shall be returned after one year.
“A false representation was made.”
However, in fact, the Defendant did not own property under the name of the Defendant, and there was a debt of approximately KRW 20 million, while there was no certain income, and there was no thought that the Defendant would use the money borrowed from the victimized person as personal debt repayment, living expenses, etc., not for the purpose of investment, so there was no intention or ability to repay the money borrowed from
The defendant deceivings the victim as above and transferred 30 million won to the credit cooperative account in the name of the defendant on the same day from the victim.
2. On February 14, 2015, the Defendant sought to make an investment in the apartment sale right located in Busan as Kakao Stockholm to the said victim at the above location.
When lending money, interest shall not be paid, and the principal shall be paid immediately.
“A false representation was made.”
However, in fact, the Defendant did not own property under the name of the Defendant, and there was a debt of approximately KRW 20 million, while there was no certain income, and there was no thought that the Defendant would use the money borrowed from the victimized person as personal debt repayment, living expenses, etc., not for the purpose of investment, so there was no intention or ability to repay the money borrowed from
The defendant deceivings the victim as above and transferred 4 million won to the new bank account in the name of the defendant on the same day from the victim.
Accordingly, the defendant was given a total of KRW 34 million under the pretext of borrowing money by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Detailed statement of each financial transaction;
1. Application of each statute on a loan certificate;
1. Criminal facts;