A defendant shall be punished by imprisonment for six months.

Criminal facts

On June 25, 2013, the Defendant was sentenced to a suspended sentence of ten months of imprisonment with prison labor for the acquisition of stolen goods at the Seo-gu District Court Branch Branch of the Daegu District Court on October, 2013, and the judgment became final and conclusive on July 3, 2013.

[2013 Highest 4914]

1. On August 2012, the Defendant concluded that, at a mobile phone sales store operated by the victim C in Daegu-gu, Seocho-gu, Police Officer B, the Defendant borrowed money from the victim’s “D” to the victim, and the principal would be 10% as interest in the month when he/she repaid the principal amount of the loan to the third party at KRW 9.5 million on December 9, 100, and KRW 9.5 million on November 9, 11.

However, in the course of credit business, the Defendant was planning to lend money to another person because the amount already leased was not recovered. The Defendant did not have the intent or ability to pay the principal or interest on the repayment date, even if he borrowed money to the victim unless the amount of the loan was collected in excess of KRW 39 million.

Nevertheless, on September 11, 2012, the Defendant received KRW 19 million from the victim to the Agricultural Cooperative Account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

2. On August 1, 2012, the Defendant made a false statement to the victim C, stating that “If a bank lends KRW 3 million to the bond funds, it would pay KRW 60,000 per day from September 12, 2012 to 60,000 per day.”

However, in fact, the Defendant did not have any property or income, and the principal was not recovered at the time of credit business, and the liability amounting to KRW 39 million was not reached, and thus, the Defendant did not have any intent or ability to repay the debt to the victim even if he borrowed money from the victim.

On September 20, 2012, the Defendant received KRW 3 million from the victim to the Agricultural Cooperative Account under the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

[2013 Highest 6191] The Defendant was running a credit business from the first patrol officer on August 2012 and recovered the principal.