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Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by a fine of one million won.
Defendant
B does not pay the above fine.
Reasons
Punishment of the crime
1. On January 23, 2009, Defendant A, at the office located in Yongsan-gu Seoul Metropolitan Government Yongsan-gu around January 23, 2009, told the victim E to lend only KRW 40 million to the victim E as collateral. The payment of money is possible until the date of the payment of the bill, and the bill also states that “I do not know about the amount of the bill which can be settled on the payment date.”
However, in fact, Samsung Industrial Development, the issuer of a promissory note offered by the Defendant, extended the payment date several times since the due date of the payment of the promissory note issued from 2008 to the due date of the promissory note, and was a company immediately preceding the failure to pay any profits, such as the closure of the business and the closure of the business on June 2009. Therefore, the said promissory note did not value as a collateral. At the time, the Defendant, a bad credit bad person without any particular property or income, bears a total of 1.3 billion won or more from financial institutions and other persons, and thus, the Defendant did not have any intent or ability to pay interest at least KRW 1.3 billion per month even if he/she borrows money from the damaged person.
Nevertheless, the Defendant: (a) by deceiving the victim as above and receiving KRW 40 million from the victim in cash on the same day; and (b) from March 31, 2009 to March 31, 2009, the Defendant was granted KRW 125 million in total from the victim by the same method as indicated in the list of crimes in the attached Form.
2. Defendant B, at the place described in paragraph (1) of March 31, 2009, is to have the victim E repaid three weeks after lending KRW 10 million to the victim E.
“The phrase “ was false.”
However, at the time of fact, the Defendant, as a person of bad credit standing who has no particular profit or property, has been prevented from returning his debt since the year 2006, with a large amount of money borrowed from the injured party, and has to use it in full as a means of full payment, etc., even if he borrows money from the injured party with no financial ability.