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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On November 18, 2015, the Defendant entered into a contract to receive KRW 35,508,000 from the victim Co., Ltd. (the representative director E) a total amount of KRW 2,690 times to be used for the new construction of the logistics center, and paid KRW 10,000 as the down payment on the date of the contract, and paid KRW 24,575,760 until the end of December 2015.
However, from August 2015, the Defendant was in a situation where it was difficult to operate the company at the time by appropriating the amount equivalent to KRW 120 million of the company’s public funds as personal gambling funds, and the personal debt, including financial institution’s loan obligations, was approximately KRW 120 million. The Defendant did not have any ability or intent to pay the balance on the date of promise even if he received the delivery of the remaining block from the injured party, such as the amount equivalent to approximately KRW 1.8 billion of the obligation to be paid to the subcontractor.
Ultimately, the Defendant, by deceiving the victim as above, did not pay the remainder amounting to KRW 24,575,760 on December 7, 2015, and did not pay the victim the remainder amounting to KRW 24,575,760, until December 7, 2015.
2. On November 7, 2015, the Defendant made a false statement to the victim F, who is the subcontractor’s representative, at a place where the victim’s location cannot be known, that “the Defendant borrowed 30 million won to repay within a prompt time” to the victim F.
However, from August 2015, the Defendant had no capacity or intent to repay the borrowed money to the victim as soon as possible, since he/she appropriated the amount equivalent to the KRW 100 million of the company’s public funds for personal gambling funds at the time of the use of the funds for gambling, and he/she thought that it was difficult to operate the company at the time of the use of the funds borrowed from the victim.
Ultimately, the Defendant deceivings the victim as above and borrowed money from the victim to the new bank account (G) with the name of the Defendant on the same day.