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A defendant shall be punished by imprisonment for one year.
An application for compensation by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
[2012 Highest 601]
1. Around 2007, the Defendant, as to the victim D’s failure of business, was liable for a debt amounting to KRW 100 million and repaid the principal and interest in the way of “comprehion”, and around 2009, the Defendant had increased the debt amounting to KRW 160 million to KRW 160 million, and had the victim D, a university ship owner, who was instructed to demand the payment of the debt, borrowed money as if he were to arrange a real estate sales contract and receive the fee and to use it for the repayment of the debt.
Around September 8, 2009, the Defendant stated that, in a stable operated by the victim in Gumi-si E, the victim “it is necessary to enter into a studio contract in Gumi-siF” with the victim KRW 23 million. On the other hand, the Defendant made a false statement that he/she would have to pay the interest to the victim up to one million won, so he/she would have to pay the interest to the victim up to one million.”
However, at the time, the Defendant was working as the assistant of the real estate brokerage office, but did not have been trying to enter into the studio contract, and there was little monthly income, and there was no intention or ability to complete the payment even if the Defendant borrowed money from the victim because of the fact that he was unable to pay interest on the above debt at the time.
The Defendant received KRW 23 million from the victim to the Agricultural Cooperative Account in the name of the Defendant for the purpose of borrowing money from tin.
Accordingly, the defendant was given property by deceiving the victim.
[2012 Highest 628]
2. Around October 1, 2009, the criminal defendant against the victim C made a false statement to the victim C, who was friendly upon the Defendant’s early reduction of room room in the address address in Gu-U.S., Si-S., Dong-si, Seoul, stating that “A person who borrowed money shall pay interest higher than that of the bank if he/she lends the money, and shall pay the company a full amount of money if he/she is reinstated to the company later.”
However, in fact, the defendant was only about KRW 160,000,000,000, and he did not borrow money from the victim.