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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
1. On July 30, 2013, the Defendant: (a) at a coffee shop in which the name located in the Seo-gu Pungdong, Seo-gu, Seo-gu, Gwangju, was unknown among June 2013, the Defendant stated, “If the Defendant directly develops and sells the hot flag, he/she may sell several thousands. If the Defendant borrowed KRW 10 million of the business fund, he/she will pay interest and repay the principal.”
However, the Defendant was in need of KRW 50,000 to take over hot weather business, so even if he borrowed KRW 10,000 from the injured party test, it was difficult to take over the business solely.
In addition, the defendant was a bad credit holder since 2000 due to business default, and still was in excess of debt, and even if he borrowed money from the victim's test, he was able to use it in the repayment of personal debt.
Nevertheless, on July 30, 2013, the Defendant acquired KRW 10 million from the Defendant’s name to the agricultural bank account in the name of the Defendant and acquired it by transfer.
2. On November 2, 2013, the Defendant committed the crime, around November 2, 2013, stated that “A” office of the Defendant’s operation in the Jeonsung-gun, Jeonsung-gun, in the “D” office, the Defendant would pay the principal and interest with the proceeds from the sale if it was leased KRW 5 million for the purchase of electric lighting equipment, although the hot wind business was well known, and if it was leased KRW 5 million for the purchase of electric lighting equipment.”
However, in fact, even if the defendant was a bad credit holder and borrowed five million won in excess of debt, he did not have the ability to pay all the price for the electric lighting goods.
In addition, even if the defendant borrows money from the victim, he did not have any intention or ability to repay the money with the proceeds of sale after making a full payment.
Nevertheless, the Defendant, at the F Office located in Gwangju Northern-gu, Gwangju Northern-gu, had the victim pay the Defendant the amount of KRW 5 million out of KRW 9.66 million to the Defendant’s above company by using the Defendant’s national card.