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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
1. On December 17, 2007, the Defendant stated that “A victim E is unable to operate a private teaching institute, such as internal facility costs and personnel expenses,” at the office of the Dental Institute in Seo-gu Daejeon, Seo-gu, Daejeon, that “A person shall pay 12% interest per annum if he/she lends money, and he/she shall pay the principal whenever he/she talks when necessary.”
However, at the time, the Defendant had a debt equivalent to about 200 million won in Chinese trade business, while operating a private teaching institute, had a debt equivalent to about 200 million won, and the financial situation was not good, such as using the profits from the operation of the private teaching institute for the repayment of the existing debt interest, and there was no intent or ability to repay the debt even if the Defendant borrowed money from the victim.
Nevertheless, the Defendant: (a) by deceiving the victim as such; (b) obtained from the victim on December 17, 2007, a total of KRW 150 million from the victim on April 15, 2008, KRW 15 million on May 15, 2008, KRW 4 million on May 23, 2008, KRW 80550,000 on May 23, 2008, KRW 40 million on July 22, 2008, and KRW 4 million on July 222, 2009, respectively, by deceiving the victim.
2. On September 17, 2010, the Defendant stated that “A victim F is able to pay money by operating a private teaching institute. To lend money, 12% interest per annum shall be given, and 14% interest per annum shall be given after one year. If money is required, it will be returned immediately if money is talked at least four to six months.”
However, at the time of fact, the Defendant had a debt of approximately KRW 350 million in relation to the Chinese trade business, had a debt of approximately KRW 50 million while operating the private teaching institute, and there was no intention or ability to repay the debt even if the Defendant borrowed money from the victim because the management of the private teaching institute was not well-grounded.
Nevertheless, the Defendant, as such, deceiving the victim, and then deceiving him/her as such, shall be KRW 50 million on September 17, 2010; KRW 50 million on March 17, 201; and KRW 110 million on December 25, 201.