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A defendant shall be punished by imprisonment for not more than ten months.
Of the facts charged in the instant case, the fraud against the victim C and D shall be acquitted.
Reasons
Punishment of the crime
The Defendant, on April 11, 2013, borrowed money from the “F” coffee shop located in YYY-gu, YY-gu, Seoul on April 11, 2013, the Defendant, despite the fact that he/she was willing to invest the money in the purchase, etc. of the land located in Y-gun, the fact was reduced and invested in the studio business newly constructed in the front city. The Defendant, “The fact is being invested in the studio business that is located in the front city.” The Defendant, however, would have paid the money more than three months if the money is insufficient to lend 50 million won.
“A false statement,” which received a total of KRW 45,000,000 from the injured party to the corporate bank account under the name of the accused on April 16, 2013 and received KRW 27,000,000 from the same account on April 16, 2013, and acquired it by deceptive means.
"2015 Highest 1426"
1. On December 5, 2013, the Defendant made a false statement to the effect that “Around December 5, 2013, the Defendant would use only three months if he/she loans KRW 50 million to pay interest and make a full payment with 10% of the interest rate if he/she loans KRW 50,000,000.”
However, at the time, the Defendant was in bad credit standing without any assets in the name of the Defendant at the time, and the Defendant borrowed 77 million won from three persons other than the victim, but was not able to repay the said money, and the Defendant did not intend to use the money for auction, so even if he borrowed the money from the victim, he did not have any intent or ability to repay the money.
Nevertheless, the defendant was delivered 50 million won to the account in the name of the husband of the defendant to the account in the name of the former husband of the J.
Accordingly, the defendant was given property by deceiving the victim.
2. On December 10, 2013, the Defendant was guilty on the part of the Defendant on December 10, 2013, by telephone around December 10, 2013, with the amount of KRW 30 million for the said victim’s auction.