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A defendant shall be punished by imprisonment for not less than one year and six months.
An application for compensation by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
On April 2, 2014, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Punishment of Violences, etc. Act (Intimidation by collective weapons, etc.) in the Busan District Court's branch branch court, and is still pending in the court of final appeal.
Around May 28, 2012, the Defendant made a false statement to the victim C at the E plant located in Syang-si D, stating that “When the Defendant was using a entertainment room in the line and Daejeon, with which the amount of personnel expenses to be paid to the employees of the entertainment room is insufficient, the Defendant would pay interest at home and pay the principal as adjusted after two to three months.”
However, in fact, the Defendant was a bad credit holder, and was liable for the debt by borrowing more than KRW 100 million from the bond company, the defendant's principal, the wife, and the branch. While there was no property other than the Defendant's monthly wage, there was an intention to invest a considerable portion of the funds borrowed from the victim in the illegal Internet gambling site, not a legitimate entertainment room business, or to use the defendant's personal debt repayment or Internet gambling game. Therefore, there was no intention or ability to repay the funds from the victim.
The Defendant, by deceiving the victim and applying for a credit card loan under the name of the victim (credit card number:F) from the victim, was deposited in the account in the name of the victim in the name of the victim on or around the 29th day of the same month, with a total of KRW 190,197,058 over seven occasions from around that time to November 27, 2012, including deposit of KRW 12 million in the name of the Agricultural Cooperative account (Account Number: G) in the name of the victim in custody of the Defendant, and was deposited in the account in the name of the victim managed by the Defendant.
Summary of Evidence
1. C’s legal statement;
1. Investigation report (Confirmation of details of loans);
1. A specification of transactions by account (C's new account in the C') 1.