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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On November 19, 2012, the Defendant made a false statement to the effect that, around November 19, 2012, the Defendant borrowed KRW 100 million per annum if he/she borrowed KRW 100 million as a security to offer a container stuff in the store and in the Gyeonggi-gu Seoul E-si, the Defendant would pay 7% interest per annum and pay it after two years.
However, in fact, the Defendant did not have the intent or ability to provide the above E-Ga and container stuffs as collateral to the victim, and there was no intention or ability to complete payment even if the Defendant borrowed money from the victim due to the circumstances that the Defendant should pay at least KRW 1,500,000 per month interest on the Defendant’s personal debt of KRW 40
On November 20, 2012, the Defendant received KRW 10 million from the victim to the new bank account (G) account in the name of the Defendant on or around November 20, 2012, and received KRW 40 million from the same account under the same name on or around the 28th day of the same month, and received KRW 50 million as the same day from the H bank account (I) designated by the Defendant.
Accordingly, the defendant was given property by deceiving the victim.
2. On April 2013, the defrauded made a false statement to the effect that “The Defendant, at a place where it is difficult to know the place where the Defendant was a policeman at the beginning of April 2013, 2013, engaged in a strike to the said victim on the wind that he was unable to pay the payment of the construction cost. Therefore, if the Defendant borrowed KRW 65 million as it is urgently required to pay money, he/she will repay it by the end of this month.”
However, as stated in Paragraph 1, the Defendant concealed the establishment of the right to collateral security with the maximum debt amount of KRW 60 million at the above Emera who had set up the right to collateral security with the victim as the right to collateral security and the right to collateral security with the victim as the bank, and interest on the Defendant’s personal debt of KRW 400 million each month.