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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
"2014 Highest 2238"
1. Around April 8, 2008, the Defendant against the victim D made a false statement to the effect that “If domestic members are making real estate investment and bond business, etc. while lending funds, they will give 3-4 interest per month on profits and return her her her ties only before a month.”
However, at the time, the Defendant, while investing in an uncertain real estate or lending money from other persons without any particular capital or lending money to the bond company, has continued to increase the liability for financial expenses and investment losses. Accordingly, the Defendant was in a situation in which the principal and interest of the existing obligation are repaid by lending money from the surrounding persons, and thus, there was no intention or ability to pay the money properly even if having borrowed money from other persons.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 40,00,000 on the same day from the victim to the national bank account under the name of the Defendant, and received KRW 709,490,000 from March 11, 2010 to March 11, 2010, received KRW 561,560,00 in total from March 11, 201, and acquired KRW 147,930,00 in difference as principal and interest.
2. Around December 13, 2008, the Defendant against the victim E made a false statement to the effect that “If the victim is engaged in real estate investment and bond business, etc. while lending funds, he/she would give 3-4 interest per month on profits and return her her her her ties only before a month.”
However, at the time, the defendant has made an investment in an uncertain real estate by lending money from other persons without any particular capital.