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A defendant shall be punished by imprisonment for one year.
The request of the applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
1. On January 23, 2008, the Defendant against the victim E, D, F, and G made a false statement to the victim’s house of Bupyeong-gu Incheon H apartment 23 Dong-gu 401, Bupyeong-gu, Incheon, that “When performing funeral services at the I underground shopping district and lending money to the underground shopping district merchants and receiving three-month interest, the Defendant would give the business owners a two-month interest on the ground of the underground shopping district. The principal will return if he/she fested 2-3 months earlier.”
However, even if the Defendant borrowed money from the victim, it was thought that it would be used for the repayment of personal bonds, operating expenses of the store, and living expenses, etc., and underground prices did not have the intent to lend money to the merchants and pay interest to the victims. At the time, the Defendant used the store without any particular property for both living expenses and the repayment of bonds, and thus, even if he borrowed money from the victim, the Defendant is obliged to pay the principal or interest of the existing obligation with the money borrowed from the victim or another person.
As above, the Defendant: (a) by deceiving the victim E and received KRW 10,000,00 from the victim as the borrowed money on the same day; and (b) from September 20, 2012, the Defendant received KRW 462,750,000 in total from four members, including the victim E, etc., over 83 occasions, from September 20, 2012.
2. On August 10, 2012, the criminal defendant against the victim C concluded that “The victim would have repaid KRW 30 million to August 2013, 2013 if he/she lent it to the victim” from the upper point of “J” operated by the victim C of I underground 20, the second underground floor located in Bupyeong-gu Incheon Metropolitan City.
However, at the time, the Defendant was in difficult circumstances to operate the store without any particular property, and the principal of the obligation was reached 400 million won in the course of repaying and repaying the debt with the so-called “defluence,” so even if he borrowed money from the victim, he/she shall be repaid on the date of the promise.