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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The defendant of "2015 Highest 2521" has a name of "D operating a drinking house in Gangnam-gu, and it is necessary to pay money to the victim C who was friendly as a neighboring resident of Pyeongtaek in 2009.
It is intended to lend money to D and receive high interest.
“Around April 8, 2009, the Defendant was issued KRW 13 million from the injured party, as well as the Defendant was indicted by the 12th day of the No. 12 in the List of Offenses 1 in the List of Crimes 1 in the annexed Table 2009 as “ February 9, 2011.” However, this appears to be a clerical error in “ February 9, 2012.” As such, the Defendant was issued KRW 21 million on an ex officio from the above date to January 31, 2013.
However, in light of the fact, the Defendant did not receive any money that he lent to the said “D” on a personal basis in around 2009, and as the drinking house operated by the “D” was extremely difficult to manage due to the employment of minors, etc., it is very inappropriate to recover the money received from the injured party even if he borrowed the money from the injured party. Since the restaurant operated by the Defendant was accumulated by the enemy, it is highly doubtful whether the interest as promised with the injured party can be properly returned to the principal.
Meanwhile, even if the Defendant borrowed money from the injured party in relation to the “investment in original clothes”, it was difficult for the Defendant to pay the principal and interest even if he/she loaned money from the injured party because he/she had been unable to receive proper return of the money invested in the “original hair factory”, and thus, it was difficult for the Defendant to pay the principal and interest normally even if he/she invests in money from the injured party. As such, the financial situation of the restaurant operated by the Defendant was not good, so even if he/she paid interest or principal in time.
In addition, when the defendant borrows money from the injured party for the purpose of discounting the bill from the E, the bill already received from the E.