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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
1. On January 2012, the Defendant, at the office of the Defendant, Co., Ltd. (E) operated by the Defendant located in Gwangju-gu, Gwangju-gu (hereinafter “E”), newly constructed the building of the president of the Hospital Hospital in various places in Jeollabuk-do, and makes a lot of construction works, thereby raising the annual sales of the KRW 00 billion.
Although our company's finance is strong, it will pay 12% interest per year on February 8, 2013 on the loan of 300 million won to her, because the funds invested by her relatives recently are insufficient to recover the company's operating funds from the wind.
“.....”
However, the Defendant was thought to appropriate the money received from the victimized party for the Defendant’s individual’s benefits or to use the money for debt repayment, E was not temporarily short of company funds but accumulated by the enemy, and there was no intention or ability to repay the principal and interest on the money borrowed as the promise because its financial status is very good, such as the payment of wages, etc.
Nevertheless, the Defendant: (a) by deceiving the victim as if he could pay interest at a high rate as above; and (b) by deceiving the victim, he/she received the total of KRW 300 million from the victim on January 31, 2012; (c) KRW 90 million on February 8, 2012; and (d) KRW 110 million on February 9, 2012.
2. The Defendant, at the beginning of the early 2012 office, can purchase steel materials to the victim at a price lower than the original price if it is purchased in cash.
It is expected to give the profit to him.
The phrase “a loan for the money to purchase steel materials” was called as “a loan.”
However, the Defendant was thought to pay the money received from the injured party as material cost or personnel expenses, and there was no intention to purchase steel materials, and there was no intention or ability to pay profits or repay the borrowed money due to the difficulties in the management of the company.
Nevertheless, the Defendant borrowed cash as above, purchased steel materials and generated the difference immediately.