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1. The defendant shall be punished by imprisonment for four years;
2. The charge of embezzlement among the facts charged in the instant case is not guilty. 3. The applicant for compensation is not guilty.
Reasons
Punishment of the crime
1. On January 27, 2010, the Defendant: (a) made a false statement to the effect that “Around January 27, 2010, the Defendant would lend the Defendant’s funds for the purchase of secondhand cars to the Victim L, pay interest, and pay back the said funds.”
However, the Defendant did not have any intent or ability to repay the loan even if the Defendant borrowed money from the victim, because the interest on the loan and the loan that the Defendant has to pay for each month was in excess of the debt amounting to KRW 60,000,000, and the Defendant continued to lend money and pay other debts.
Nevertheless, the Defendant received total of KRW 1,410,312,000 from the victims on June 28, 201, including that the Defendant received KRW 18,40,000 from the victim on the same day from the victim, from that time until June 28, 2011, and acquired KRW 1,410,312,00 from the victims.
2. On January 27, 2010, the Defendant, in relation to borrowed vehicles in the name of a used vehicle, would pay a fee if he/she lent the name to the Victim L, to purchase the used vehicle.
Part of the purchase fund to purchase the vehicle under the name of the party shall be loaned from the capital to the installment, and the installment shall be repaid.
‘False speech' was made.
However, in fact, the Defendant did not have any intention or ability to repay the loan even if the Defendant received the loan under the name of the victim because the interest on the loan and the loan that the Defendant has to pay for each month was in excess of the debt amounting to 60 million won, and the Defendant purchased the vehicle under the name of the victim and then disposed of it on a large lane.
Nevertheless, the Defendant borrowed KRW 22,00,000 from the victim’s name and did not repay the loan, thereby allowing the victim to repay the loan on behalf of the victim. From June 201 to June 24, 201, the Defendant borrowed KRW 589,30,000 in total in the name of the victims, as shown in the List of Crimes No. 2, and then received the loan from the victims.