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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
The defendant is a person who has worked together with the victim in the Army CF in the case of Pakistan.
1. On February 2, 2016, the Defendant acquired the loan money by fraud, stating that “If the Defendant lends money to the victim E with an urgent need to do so, he/she shall be discharged from military service on July 2016, 201 and repaid the money with retirement pay.”
However, at that time, the Defendant was liable for approximately KRW 250 million for financial rights obligations and had no special property. Therefore, even if the Defendant borrowed money from the victim, it was merely intended to use the money in repayment of existing debts, etc., without the mother’s intent to use it as operating expenses, and there was no intention or ability to pay the money to the victim.
Ultimately, the Defendant, as above, by deceiving the victim as above, wired the victim a total of KRW 12 million, including KRW 15 million on February 15, 2016 and KRW 2 million on February 16, 201, to the D Association account under the name of the Defendant.
2. On February 24, 2016, the Defendant acquired the amount equivalent to the joint and several liability obligations by deceptioning the amount equivalent to the said joint and several liability by false means, “The victim E, who intends to obtain a loan, will obtain a joint and several liability, will give KRW 600,000 won per month as a loan interest, and the said loan will be repaid in full as a loan interest.”
However, as described in Paragraph 1, the Defendant was liable for approximately KRW 250 million for financial rights obligations around that time, and there was no special property, and even if the Defendant had a joint and several surety, there was no intention or ability to pay KRW 600,000 as a loan interest, and there was no intention or ability to pay the above loan.
Ultimately, the Defendant, as above, deceiving the victim and caused the victim to do so on or around February 24, 2016, at the time of entering into a monetary borrowing contract with F Co., Ltd., the Defendant’s amount of debt KRW 4 million, the Defendant’s amount of debt KRW 4 million at the time of entering into a monetary borrowing contract with G Co., Ltd., and H Co., Ltd..