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Defendant shall be punished by a fine of 4.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
"2015, 2544"
1. On April 5, 2013, when the Defendant operated a new sales store at C department stores, there is no special income due to business difficulties around April 2013, which was when the Defendant had operated a new sales store, while there is a need to pay the amount equivalent to KRW 12 million monthly interest, office rent, etc. Around September 19, 2012, the Defendant had no intention or ability to pay money from other persons even if he/she borrowed money from other persons.
Nevertheless, around April 5, 2013, the Defendant: “Around April 5, 2013, the victim F office located in Jung-gu Seoul, Seoul, would have 3.830,000 won of the amount to be repaid at the same time with the loan of 6.1,170,000 won; and then, the Defendant acquired 6.17,170,000 won in the bank account in the name of G managed by the Defendant from the victim.”
2. On May 9, 2013, around May 2013, the Defendant, at the office of the victim F in Jung-gu Seoul, Jung-gu, Seoul, said, “Around May 9, 2013, the Defendant would grant KRW 4,250,000 to the value of other things to be repaid at home, and would be repaid at once with a loan of KRW 5,750,000,000,000 to be repaid at once.” The Defendant received money from the victim to the bank account in the name of G managed by the Defendant, and acquired it by fraud.
On November 22, 2012, the Defendant lent money to the victim H to purchase the commercial goods located in C department stores at around 14:00 on November 22, 2012, the Defendant used only several months and provided principal and interest.
However, around September 19, 2012, the defendant had no intention or ability to repay money, even if he/she borrowed money from D apartment 119 Dong 417, which was owned by the defendant, since the compulsory auction procedure has commenced.
Around November 22, 2012, the Defendant received 20 million won from the victim to the passbook (I) account in the name of the Defendant on November 22, 2012, and acquired it by fraud.
Summary of Evidence
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