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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
"2019 Highest 6726"
1. On April 15, 2016, the criminal defendant against the victim B made a false statement to the victim B, stating, “The costs for the automobile parts business are insufficient. If the defendant borrowed money, he/she will give 1% interest per month and make a repayment immediately at the time he/she wishes.”
However, from November 2015, the Defendant was unable to recover the funds due to the default of the customer from November 2015, and the Plaintiff was suffering from the financial difficulties. The Plaintiff, a motor vehicle parts supplier, did not have any intent or ability to pay the funds normally even if the Plaintiff borrowed the funds from the victim due to the lack of particular profits. Even if the Defendant received the money from the victim, some of them were to be used for the purpose of paying interest on other obligations than the purchase price of the parts.
Ultimately, the Defendant: (a) by deceiving the victim as above; and (b) received KRW 55 million from the victim as business financing around April 15, 2016 from the victim; (c) and (d) received a total of KRW 470 million from the above date and time to January 29, 2019 from the above date and time to receive KRW 10,000,000,000 from the victim as stated in the list of crimes.
2. On April 25, 2018, the criminal defendant against the victim E made a false statement to the victim E, stating that “The costs for the vehicle parts business are insufficient. If the defendant borrowed money, he/she will give 1% interest per month and make a repayment immediately at the time he/she wants to do so.”
However, from November 2015, the Defendant was unable to recover the funds due to the default of the customer from November 2015, and the Plaintiff was suffering from the financial difficulties. The Plaintiff, a motor vehicle parts supplier, did not have any intent or ability to pay the funds normally even if the Plaintiff borrowed the funds from the victim due to the lack of particular profits. Even if the Defendant received the money from the victim, some of them were to be used for the purpose of paying interest on other obligations than the purchase price of the parts.
Ultimately, the Defendant is as above.