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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant is a person who operates a factory with a new launch frame in Busan-gu C.
1. On November 1, 201, at around 15:00 on November 1, 201, the Defendant made a false statement to the victim’s G office operated by the Victim F in Busan Northern-gu that “if the business funds to operate the factory lend the amount of KRW 10 million to the mother and child, the Defendant would pay monthly interest and complete payment of the principal within one year.”
However, in fact, from May 2010, the Defendant did not pay the amount equivalent to KRW 2,901,290 of the pension premium. From around September 201, the Defendant did not pay the amount of KRW 257,30 of the health insurance premium. From around September 2011, value-added tax for the year 201 and KRW 1,219,610 of the global income tax for the amount of KRW 107,842,390 and KRW 1,219,610 of the global income tax for the amount of KRW 20,000,000,000 from the private financing at the time of the instant loan. Since there was a debt equivalent to KRW 3,00 to KRW 40,000 from the private financing and KRW 15,00,000 from the community credit cooperatives, there was no intention or ability to repay the amount even if having borrowed the money from the victim.
As above, the Defendant, by deceiving the victim as above, obtained 10 million won in cash from the victim, i.e., the victim, and acquired it by deception.
2. Around 11:00 on May 2, 2012, the Defendant made a false statement to the J’s office operated by I located in the Busan Seo-gu, Busan, that “The Defendant would not cause damage to I if I would have a surety to borrow 15 million won.”
However, in fact, the Defendant did not have the ability to repay, as stated in Paragraph 1, so even if the victim gave a guarantee, the Defendant did not have the intent or ability to repay the original obligation KRW 15 million borrowed from I.
The Defendant, by deceiving the victim as above, caused the victim to guarantee the Defendant’s obligation to the Defendant I, thereby causing the victim to bear the Defendant’s obligation equivalent to KRW 15 million.