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A defendant shall be punished by imprisonment for not less than eight months.
An applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
In addition to the amount of debt exceeds one billion won, the Defendant did not have any intent or ability to repay the debt, even if he/she borrowed money from another person without any particular property.
1. On March 11, 2014, the Defendant would pay the interest and principal of 3% per month until March 11, 2015, if he/she lends money to the victim C in a coffee shop near the teroat in Guro-gu Seoul Metropolitan Government.
‘Falsely speaking, it received 30 million won at the time of damage from the injured party and acquired it by fraud.
2. On April 11, 2014, the Defendant would pay the interest and principal of 3% per month to the victim at the same place as a restaurant operator, and to the victim’s loan money to the victim until March 11, 2015.
‘Falsely speaking, it received 40,000,000 won from the injured party and acquired it by fraud.
3. On February 3, 2015, the Defendant, at the street near the public health clinic located in Guro-gu Seoul Metropolitan Government, Guro-gu, the Defendant would pay the principal by paying the interest of 3.5% per month when he/she lends money to the victim as required to operate the restaurant.
‘Falsely speaking, it was obtained from the injured party a delivery of KRW 30,000,000,000 in the city.”
4. On February 20, 2015, the Defendant, at the same place as the above-mentioned Paragraph 1, would pay the principal to the victim the interest of 5% per share of the loan to the victim for the money needed to operate the restaurant.
‘Falsely speaking, it was obtained from the injured party a delivery of KRW 10,000,000,000 in the city.”
5. On February 23, 2015, the Defendant, at the same place as the above-mentioned Paragraph 1, would pay the principal to the victim the interest of 5% per share of the loan to the victim for the money needed to operate the restaurant.
‘Falsely speaking, it was obtained from the injured party a delivery of KRW 10,000,000,000 in the city.”
6. On May 15, 2015, the Defendant is always obliged to lend money to the victim at the same place as the above 1st of May, 2015.