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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. On May 22, 2015, the Defendant committed a crime against the victim C in the building of Pyeongtaek-si D, and the office operated by the victim C in the third floor, the Defendant would lend the business funds to the victim in the amount of KRW 1 million including the principal and interest of each month on the loan of the business funds.
“.....”
However, in fact, the Defendant was in a state of bad credit standing due to excess of his/her obligation from around July 2014, and from around July 2014, he/she consumed KRW 20 million to KRW 30 million per month for gambling funds, and even if he/she borrowed money from the injured party with a tax amount of KRW 80 million on March 2015, he/she was merely an intention to use it as his/her gambling funds, and did not have any intent or ability to pay the interest and principal by using it as business funds.
As above, the Defendant: (a) by deceiving the victim; (b) received 5 million won from the victim’s seat to the Defendant’s account; and (c) received the total sum of KRW 109,450,000 from around that time to November 21 of the same year, as shown in attached Table 1 of the List of Crimes.
2. On May 26, 2015, the Defendant committed a crime against the Victim F, at the office of the Cream Co., Ltd. office where the Victim F in Pyeongtaek-si G works for the victim F, “I will pay monthly interest on the part of the victim with a shortage of business funds, and will pay the principal without any framework.
“.......”
However, as in Paragraph 1, the defendant was thought to use the money borrowed from the injured party in excess of his/her obligation and bad credit standing, and there was no intention or ability to repay the interest and principal of the contract with the business fund.
As above, the Defendant, as well as the receipt of KRW 9.7 million from the victim by deceiving the victim, i.e., by deducting KRW 300,000 from the victim, i.e., the Defendant’s account, and the receipt of KRW 9.7 million from around that time to November 13, 2015, issued KRW 56,100,000 over six times, such as the attached Table 2.