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A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
1. Around December 2011, the Defendant against the victim D borrowed money from the victim D in Suwon-si E-gu, Suwon-si, Seoul Special Metropolitan City, “Around December 201, 201, the Defendant purchased and sold heavy vehicles with each other and then borrowed money from the victim.” The Defendant borrowed money from the victim around that time.
However, from May 2013, the Defendant borrowed the principal and interest from the victim in order to repay the debt owed to the existing creditors, and from the victim and other persons, he paid the principal and interest in the way of returning the money borrowed from various persons, including the victim. Since May 2013, the Defendant continued to borrow the money as if he would pay the principal and interest to the victim through the purchase and sale of used cars, even though he did not have any intention or ability to pay the principal and interest to the victim.
As above, the Defendant, by deceiving the victim as above, received KRW 1,378,597,00 as borrowed money from the victim on May 1, 2013 to receive KRW 40,000 from the victim as borrowed name of the borrowed loan, and from around that time to April 29, 2014, the Defendant received KRW 1,378,597,00 as borrowed money on a total of 51 occasions, as shown in the attached crime list (1).
2. Fraud against victim G;
A. A. Around May 2013, the Defendant made a false statement that “Around May 2013, the Defendant would pay interest at one and five interest per month if he/she lends money to the victim G to engage in the middle and high-speed sales business” at a closed price below Suwon-si, Suwon-si, 2013, and have to repay by May 31, 2014.
However, the Defendant had no particular property or income, and had the intent to avoid returning the existing debt from the victim, and had no intent or ability to repay the principal and interest of the loan to the victim according to the agreement, as well as to bear the obligation of KRW 1 billion at the time.
As above, the defendant deceivings the victim, and is issued KRW 300 million by cash and check on the same day by the victim.