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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. Around January 2012, the Defendant made a false statement to the effect that “The Defendant would pay 200,000 won monthly interest every week to the victim of E office in Gyeonggi-do, where the victim D works for the victim D, with business funds, and would repay the principal within six months,” to the victim of E office in Gyeonggi-do.
However, at the time of fact, the Defendant did not have any other hospitalization or property, while the Defendant did not have any other property, and there was no intention or ability to repay the borrowed money to the victim according to the agreement, since the profits accrued from the progress of the business should be appropriated first for the repayment of the existing debt.
Accordingly, the Defendant: (a) by deceiving the victim as above; (b) received KRW 7 million from the victim, namely, from the seat, as a loan; and (c) caused the victim to pay the Defendant a total of KRW 3 million,000,000,000 in public charges; and (d) obtained pecuniary benefits equivalent to the said amount.
2. On December 2012, the Defendant made a false statement to the effect that “In order to borrow KRW 30 million from a bond company, the Defendant would repay the overdue loan under paragraph (1) immediately after receiving the loan from the bond company, and process it without problem in the bonds” at the Jung-gu Seoul Metropolitan Government Office for Mutual Influence, Jung-gu, Seoul.
However, the Defendant intended to preferentially use the loan borrowed from the bond business operator for other purposes, such as the repayment of separate debts, and there was no particular property or revenue source at the time, and there was no intention or ability to repay the loan to the bond business operator according to the agreement.
Accordingly, the defendant deceivings the victim as above and caused the victim to obtain monetary benefits equivalent to that amount by signing a joint and several guarantee contract under which the defendant borrowed KRW 30 million from the bond company.
3. On January 8, 2014, the Defendant is at the office where the victim D works in the F of Gyeonggi-do Si Si interest.