A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

On January 2016, 2016, the Defendant stated that “The Defendant would make a payment after the completion of funeral ceremony and making a payment to the Defendant’s home located in the Seocho-gu, Jinhae-si C and 203, and the Defendant’s home located in the Eda located in Chang-gu, Chang-si, Jin-si, and that “The Defendant would make a payment to the Defendant after the completion of funeral ceremony.”

However, at the time of fact, the Defendant was not in need of funeral expenses for his mother, and there was no other income except monthly income of KRW 900,000,000, while personal debt was 90,000,000, and there was no intention or ability to repay it even if the Defendant borrowed money from the victim because the money to be paid for living expenses such as interest and monthly income exceeds the income.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 2,00,000,000 as a loan from the Nonghyup, which is moving from the victim in Seocho-gu, Chang-gu, Chang-si; (c) and (d) received KRW 2,00,000 from around that time to April 6, 2016, as shown in the attached Table of Crimes (1); and (d) received KRW 6,20,000 from the Defendant’s agricultural bank account.

around July 5, 2013, the Defendant: (a) used the “I” restaurant located in Sungwon-gu, Changwon-si as a restaurant employee; and (b) used the said restaurant to store pro ratas with the victim J, who is the main owner of the restaurant, and “I lend the funds to play day-to-day, 1,000,000 won, 10% monthly interest on the loan and the money borrowed will be repaid without molding until December 21, 2013.”

However, in fact, the Defendant borrowed money for the purpose of debt repayment, while there was no particular income from the monthly income of KRW 700,000,000 at the time, on the other hand, even if the Defendant borrowed money from the victim in excess of KRW 60,000,00, the Defendant would have to pay it.