Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[2016 Highest 3153]
1. On January 19, 2012, the Defendant stated that “Around January 19, 2012, the Defendant would complete payment by the end of January 2012, 2012, if he/she lends KRW 20 million to a third party, at the C office located in the Nam-gu Incheon Metropolitan City Nowon-gu B Nowon-gu Seoul Metropolitan Government (52 years of age) for the victim D (52). However, the Defendant provided that “The Defendant would complete payment by the end of January 2012, if he/she lends 20 million won to a third party.”
However, the defendant did not have any intent or ability to repay the borrowed money even if he borrowed money from another business without purchasing the above money.
The Defendant, as above, received money of KRW 20 million from the victim who believed the victim and received money from the national bank account (G) in the name of E (F) on the same day from the victim who believed the victim.
2. On June 26, 2013, the Defendant had no intention or ability to repay the money to the victim D by the end of June 2013, 2013, even if the Defendant borrowed KRW 10 million from the phone to the victim D at this time “on the first hand, he/she borrowed the money at this time,” and the Defendant had no means to recover the money from the victim to the end of June 26, 2013.
The defendant received 10 million won from the damaged person to the corporate bank account (I) in the name of the defendant from the damaged person and acquired the money as the borrowed money.
3. The Defendant, who committed the crime on September 11, 2013, calls to the victim D on September 11, 2013 and calls to the victim D on September 11, 2013, and “The C president J is required to take a trip to China with 30 persons, such as 30 persons.
If a person lends KRW 14 million to another person, he/she would return to him/her for the company's non-financing, and he/she did not have the intent and ability to repay the above loan as he/she would have borrowed money for personal use.
The defendant received 14 million won from the damaged person to the corporate bank account (I) in the name of the defendant, and acquired it through money borrowed.