A defendant shall be punished by imprisonment for three years.

Punishment of the crime

"2018 Gohap 15"

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud);

A. The Defendant committed the crime against the victim D had a debt worth KRW 600 million in total by lending money to the beneficiary during the period from 2011 to 2015. In his/her mother’s name, the Defendant had a debt of approximately KRW 150 million per month with a debt of approximately KRW 18 million in the Saemaul Bank in his/her name, and paid approximately KRW 20 million per month with a credit card value. On the other hand, he/she had no other accumulated assets, while he/she had an intent to lend money from the victim D to appropriate it for living expenses or refund the money to repay other debts.

On August 2015, the defendant tried to open the restaurant in China to the victim in the mutual French page in the vicinity of Gangnam-gu Seoul, Gangnam-gu, Seoul.

The interest rate of 3% per month shall be paid if the business fund is loaned money to be required.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not have the intent and ability to proceed with the Lestop business in China. Rather, the Defendant did not have the intent and ability to repay other debts with the money of the injured party or to use the money for living expenses, even if he received money from the injured party.

After all, the Defendant, on the same day as the borrowed money from the injured party, acquired cash of KRW 100 million on the same day, KRW 100 million on January 2016, KRW 200 million on April 2016, and KRW 100 million on January 2017, respectively, and acquired KRW 500 million on four occasions in total.

B. The Defendant borrowed money from the victim E in excess of his/her obligation, as described in the above A., to appropriate it for living expenses or to repay other debts, as well as to pay the money.

Accordingly, on April 28, 2016, the Defendant “high profits” to the victim at a place in a Buddhist situation.