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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around December 20, 2013, the Defendant, at the victim’s house of Pyeongtaek-si E apartment No. 103 Dong 604, a false statement stating that “Any benefit would remain if a bus oil was purchased in advance, and any interest of KRW 500,000 shall be paid to KRW 10,000,000.”
However, even if the Defendant borrowed the money from the victim, he did not intend to purchase the bus name with the above money, and was intended to repay approximately KRW 20 million and bonds with the above money. At the time, the Defendant had no intention or ability to pay the principal of the loan to the victim in addition to the interest.
Nevertheless, the Defendant, by deceiving the victim as above, shall exempt the victim from the debt of 30 million won to the existing victim on the same day on the same day, and shall have the defendant borrow the money, and around January 21, 2014, the Defendant borrowed 10 million won from the bank account of F, a partner of the Defendant, to the bank account of F, a partner of the Defendant, with the name of 15 million won, around the 26th day of the same month, and the same year.
2.17. A around 15 million won, around 20.20 of the same month, around 40 million won, and for the same year.
3. received around 27.27.1 million won in total as KRW 95 million.
In this respect, the defendant deceivings the victim, thereby acquiring the property amounting to KRW 125 million in total, and acquiring the property benefits.
2. On March 1, 2014, the criminal defendant against the victim G refers to the victim’s “I” restaurant located in Pyeongtaek-si H, and “I will give KRW 1 million interest per month until April 30, 2014 if I lend money to the victim because there exist many profits if I purchase bus oil in advance.”
However, even if the Defendant borrowed money from the victim, he did not want to purchase bus oil with that money, and was intended to repay approximately KRW 20 million and bonds with the above money, and as at the time, he was prevented from returning bonds at the time, thereby adding interest to the principal of the borrowed money to the victim.