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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The defendant is a person who operated a secondhand shop in Kimpo-si B'C', and the victim D is a person who collects secondhand goods.
On December 10, 2011, the Defendant stated to the effect that “The Defendant would pay 2% interest per month if he/she lends money to the victim” at the above solid business office.
However, in fact, the Defendant borrowed KRW 100,000 to around three years prior to the commencement of bond operation, but without making profits, a large number of debts occurred due to the monthly interest of KRW 2,00,000 and living expenses, etc., and there was no intention or ability to repay the borrowed money from the victim due to the relationship that failed to operate normally.
As such, the Defendant, by deceiving the victim as such, obtained the victim, KRW 30 million in cash on December 10, 201 from the victim, KRW 50 million in cash on August 16, 201, KRW 9 million in cash on August 29, 2012, and KRW 10 million in cash on December 10, 201, and acquired KRW 54 million in total under the pretext of each loan.
Defendant
In addition, the defense counsel claimed that, at the time, he/she had the intention and ability to repay, and thereafter, he/she has failed to repay due to the difficulties of economic circumstances due to divorce and administered illness.
Under the evidence duly adopted and examined by this court, the following circumstances are acknowledged by the court: (i) although the defendant requested the prosecutor to pay money at any time by borrowing money from the victim; (ii) the defendant stated that he/she was a situation in which he/she borrowed money from several persons during a fixed period of payment of KRW 2 million to KRW 3 million per month, and KRW 1.5 million per month; and (iii) in this court, he/she stated that he/she was a net profit of KRW 7 million in operating the property at the time; and (iv) in this court, he/she stated that he/she was unable to pay money due to the lack of money to be paid by the victim; and (v) the defendant was able to borrow money from the victim at the prosecutor.