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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On November 28, 2012, the Defendant is receiving a high interest rate by lending the following money to the injured party G at a factory located in the Gyeong-gu Seoul Special Metropolitan CityF on November 28, 2012.
When a person lends money, he/she shall receive a high interest by lending money to the above party and shall pay interest at the rate of 12% per annum to the party, and the principal shall be returned at any time when he/she wishes.
Even if the problem arises, it is false that the mother’s property is large, and the real estate jointly invested by the wife and the wife in the vicinity of Hongcheon H may be sufficiently resolved.
However, in fact, although the Defendant lent money from another person at that time to I and J, the above branch of I and J, the principal amount of KRW 700 million was not recovered, it was not clear whether the victim would be able to pay the principal to the victim with the money received from I and J when the victim wishes. In the case of the Defendant’s mother’s property and Hongcheon Real Estate, the Defendant did not have the right to dispose of the property, and thus, the Defendant was not able to pay the principal to the victim. In addition, the Defendant was not able to receive money from the victim, and some of them were intended not to pay the principal to I and J, but to use the money for the repayment of the Defendant’s existing obligation. Accordingly, even if having received money from the victim, there was no intention or ability to pay the interest and principal to the victim properly.
Accordingly, the Defendant: (a) by deceiving the victim as above; and (b) around November 28, 2012, the Defendant received KRW 300,000 from the victim to the bank account under the name of the Defendant around May 6, 2013; (c) KRW 92,00,000 from the said account around July 12, 2013; (d) KRW 48,000,000 from the said account around October 7, 2013; and (e) received KRW 70,000,000 from the said account around December 23, 2013 to transfer KRW 283,000 from the said account.
(i) the evidence;