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A defendant shall be punished by imprisonment for one year.
Reasons
Criminal facts
The defendant operated the "C" as an enterprise that supplies food and fishery products to schools or military units, and around 2006, the defendant became aware of the victim E as the head of the administrative office of the school while supplying meals to D High Schools.
1. Around January 22, 2010, the Defendant called the victim by telephone, saying, “The Defendant loaned money that requires KRW 5 million with the purchase fund of agricultural products. If so, he/she shall pay interest on the second half of each month, and he/she shall pay the principal by collecting the price of the goods from the customer within one month and paying the price of the goods without money.”
However, at the time of fact, the Defendant bears a loan obligation of approximately KRW 1.341 billion with financial institutions, and the Defendant is obliged to pay KRW 30 million with the principal interest per month only due to a sudden increase in the prices of agricultural products. As such, the situation where the financial situation was difficult due to a decrease in the prices of agricultural products, and the employees continued to not pay some of the wages for 201 years (the Defendant borrowed KRW 250 million to another person to raise operating funds). In 2012, the situation where the situation becomes worse and the provisional seizure of the outstanding amount becomes more difficult until August 2012.
There is no property or other income accrued from the victim, and even if the victim borrows the above money, there was no intention or ability to repay the “principal” in addition to the interest.
Nevertheless, the Defendant, as such, received or delivered KRW 352,80,000 from the victim to the Korean bank account of F for the purpose of borrowing money, and received or delivered KRW 352,80,000 in total through 23 times from that time to August 24, 2012, as shown in the attached Table of Crimes (1).
2. The Defendant, around June 2012, at a H high school located G in Pakistan, on the date of settlement after lending the credit card to the victim.