A defendant shall be punished by imprisonment for four years.

Each applicant for compensation shall be dismissed.

Punishment of the crime

[2014 Highest 1485] The Defendant borrowed money from the neighbors from around 2010 in order to meet the loss while making a stock investment from around 2007, and there was a continuous loss in the stock investment at the time, and the loan interest rate was reached from around 36% to 60% per annum, and there was a continuous increase in the debt. Around August 2013, 2013 when the Defendant was in receipt of a stock investment, the loan obligation was reached KRW 5-60 million per month, and the interest was paid at least KRW 20 million per month, so the Defendant’s income was insufficient to pay the interest of KRW 300,000 per month.

이에 피고인은 지인들로부터 기존의 친분을 이용하여 돈을 빌린 다음 그 돈으로 기존채무를 변제하는 소위 ‘돌려막기’를 하기 시작한 후 2014. 5. 22. 피해자 C에게, 사실은 위와 같이 돈을 빌려 기존채무를 갚으려는 것이었으므로 빌린 돈을 갚을 의사나 능력이 없었음에도 불구하고 ‘가지고 있는 여윳돈을 빌려주면 이자를 높게 지급하여 주겠다’고 거짓말하여 이에 속은 피해자로부터 같은 날 피고인 명의의 제주은행 계좌로 2,000만 원을 송금받아 편취한 것을 비롯하여, 2012. 12. 3.부터 2014. 9. 27.경까지 별지 “범죄일람표” 기재와 같이 총 54회에 걸쳐 피해자 C, H, I, J, K, E, F, L, D, G 10명으로부터 합계 801,860,000원을 편취하였다.

[2014 Highest 1616]

1. Around July 14, 2014, the Defendant provided that “a person shall repay the victim M who was aware of the fact that he/she borrowed money to him/her in ten months in installments,” but the Defendant was unable to pay a large amount of money prior to the several years, and he/she borrowed money amounting to KRW 700 million from ten creditors for the purpose of repaying the money. Therefore, even if he/she borrowed money from the victim, the Defendant did not have any intent or ability to repay the money.

Nevertheless, the Defendant.