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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The Defendant was a person who operated a cafeteria in C 42, Dong-dong 1, Siung-si, and the victim D was a person who operated a cafeteria office on the second floor of the same building, and the victim was aware of the cafeteria while frequently using the cafeteria, and was engaged in money transactions, such as borrowing approximately KRW 150 million from the victim to expand the cafeteria business.
1. On October 2014, 2014, the Defendant attempted to conduct corporate bonds business by having the victim repaid money to the cafeteria with the operation of the cafeteria only.
To lend money necessary for the bond business, 10% of the principal will be paid as interest.
“A false statement” was made.
However, at the time, the Defendant did not reach a total of KRW 150,000,00 for the Defendant’s debt to the victim, and there was almost no revenue such as profits from the operation of the above restaurant, and even if the Defendant received the money from the victim as a fund necessary for the bond business, it was planned to use it as personal debt, restaurant operating expenses, living expenses, etc., and thus, there was no intention or ability to pay the principal and interest on the date promised
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 1,00,000 from the victim via the account in the name of E (Account Number:F) around October 2, 2014 from the victim; and (c) received from June 25, 2015 a total of KRW 251,560,000 from that time by the aforementioned method until June 25, 2015.
2. On December 2014, the Defendant, who forged a private document or carried out the pertinent investigation document, received a demand to repay debts from a policeman D, with intent to forge a loan agreement, power of attorney, etc. in order to deceiving D as if the Defendant had engaged in a normal bond business.
On the 2th day of the same month, the Defendant made a prior copy of the above restaurant using the pentle.