beta
Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
"2018 Highest 343"
1. On May 28, 2015, the Defendant: (a) around May 28, 2015, at the victim D’s house located in Dobong-gu Seoul Metropolitan Government Cown-dong 202, the Defendant stated that “on the part of the victim D, the Defendant borrowed the entire amount of the money if he/she had to repay the money after three months after he/she was urgently required to pay the money.”
However, the Defendant did not join the fraternity at the time, and around that time, the Defendant did not receive proper repayment of the money that was lent to other persons at ancient times, and the Defendant was responsible for the debt amounting to KRW 250 million at the time, and the Defendant planned to repay the money borrowed from the damaged party with the borrowed money or to continue an uncertain loan in order to promote profit, so even if he borrowed money from the injured party, the Defendant did not have the intention or ability to pay the money properly.
The Defendant received 43 million won from the damaged person to the account in the name of the Defendant on the same day under the name of the same day.
2. On September 23, 2016, the Defendant of the crime committed around September 23, 2016 stated, “Around September 23, 2016, the Defendant: “Around September 2016, the Defendant was at the same place, where the Defendant was unable to pay back to the Defendant, making it difficult to do so; the Defendant was unable to pay back to the Defendant; and the Defendant was at the same time and did not pay back to the Plaintiff, and the Defendant was at the end.”
However, in fact, the Defendant did not have any guidance to receive the actual amount due to the existing debt, and around that time, the Defendant was unable to receive a proper repayment of the amount that was lent to other persons by anciently, and the Defendant was responsible for the debt amounting to KRW 250 million at that time, and the Defendant was planned to repay the amount borrowed from the injured party with the borrowed money, or to continue an uncertain loan in order to promote profit-making, so even if the Defendant borrowed money from the injured party, there was no intention or ability to pay it properly.
The defendant shall belong to the damaged person on the same day under the name of the defendant.