Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Fraud against the victim C;
A. On July 31, 2011, the Defendant would return the principal to the victim at a mutually infinite coffee shop near the Seoyangdong, Gwangjin-gu, Seoul Special Metropolitan City (Seoul), with the interest rate of 10% per month on the loan of the thesis money, and return the principal after one year.
The phrase “ makes a false statement.”
However, the defendant had no intention or ability to pay interest and principal to the victim normally because he had reported the continuous loss due to stock investment, and he has borne the debt amount of KRW 17 million without any specific property.
The Defendant, as such, by deceiving the victim, received KRW 10 million from the injured party under the same day as the borrowed money.
나. 피고인은 2011. 8. 29. 경 서울 영등포구 D 역 앞에 있는 공증인가 E에서 피해자에게 “ 주식투자가 잘 되어서 수익이 나고 있는데 여윳돈이 있으면 더 빌려 달라. 이자는 월 3~5 %를 주고, 원금은 1년 후에 갚겠다.
The phrase “ makes a false statement.”
However, the defendant had no intention or ability to pay the interest and principal normally because he had reported the continuous loss due to stock investment at the time, and only bears the obligation without any specific property.
The Defendant, as such, by deceiving the victim, received KRW 10 million from the injured party under the same day as the borrowed money.
(c)
피고인은 2012. 2. 14. 경 서울 강동구 F에 있는 G 공증사무소에서 피해자에게 “ 현재까지 이자도 제대로 주고 있고 주식투자도 잘 되고 있으니 여윳돈이 있으면 더 빌려 달라. 이자는 월 3~5 %를 주고, 원금은 1년 후에 갚겠다.
The phrase “ makes a false statement.”
However, the defendant was in a situation where he reported losses due to stock investment at the time, and is only liable without any specific property.