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A defendant shall be punished by imprisonment for not less than one year and six months.
The application for compensation of this case is dismissed.
Reasons
Punishment of the crime
"2014 Highest 743"
1. On December 14, 2012, at the “F” management room for the Defendant’s operation in Seongbuk-gu, Seongbuk-gu, Sungnam-si, the Defendant wishes to lease the Victim G with “H 105 (H 105), a security deposit of KRW 200 million, monthly, KRW 1.5 million.
By the end of January 2013, 2013, KRW 100 million out of the deposit amount of KRW 200 million was the first right to lease on a deposit basis and paid by obtaining a loan as security, and the remainder KRW 100 million was in office to receive the deposit from others.
However, even if the establishment of chonsegwon was registered, the Defendant did not have the intention or ability to pay the deposit money to the victim by borrowing it as security.
Nevertheless, the Defendant made a false statement to the victim and obtained the consent of the registration of the establishment of the right to lease on a deposit basis from the injured party. On January 3, 2013, the Defendant registered the establishment of the right to lease on a deposit basis for 200 million won with the Defendant as the person who has the right to lease on a deposit basis.
"2014 Highest 2922"
2. The Defendant, from January 2013 to September 2013, 2013, operated the skin management office from the sixth floor of the I building in Seongbuk-gu, Sungnam-si, with the trade name of “J”, and currently, is a person who operates the skin management office with the trade name of “L” from Sungnam-si, Sungnam-si.
A. A. On May 2013, the defrauded of the borrowed money 1) The Defendant borrowed money from the victim M to the victim M on or after the beginning of May 2013 to lend KRW 30 million as it is urgently required to hold a management shop of the victim to N. The Defendant will return the principal after the second week and pay two additional interest.
“.......”
However, even if the Defendant borrowed money from the damaged party, it was thought that most of the Defendant used to repay the principal and interest of the obligation borrowed from another person or to pay the employee pay in order to unduly expand the controlled shop, the operation of the “J” operated by the Defendant was accumulated, and the obligation of financial rights was 10 million won.