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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. On September 5, 2013, the Defendant borrowed KRW 50 million to the victim’s E office located in Boan-si D where the victim C had worked on September 5, 2013, the Defendant paid to the victim KRW 15 million each month from January 2014 to June (the end of June shall be KRW 500,000) by adding the principal and interest of KRW 80,000,000,000 in total. The Defendant made a false statement to the effect that the F Company operating within the Republic of Korea received the foundation costs from G Company, and that it concluded a contract with another contractor for collecting soil (the place of collecting soil).
However, in fact, the Defendant received money from the victim and thought to use it for personal purposes. There was no fact that the Defendant entered into a contract with G company and H and other construction companies, and did not fully repay the money borrowed from the victim despite the receipt of the foundation costs from G company. Around that time, there was a national tax in arrears amounting to KRW 8 million, and there was no intention or ability to pay the money properly even if the Defendant borrowed money from the victim due to the lack of economic situation, such as using the name account in order to avoid seizure.
Nevertheless, on September 5, 2013, the Defendant received 20 million won from the victim as the borrowed money, and acquired 50 million won in total from the victim as the next day.
2. On June 2015, the Defendant, at the J Office I located in Boan-si I, stated that “A land restoration project is in progress in E belonging to the Ministry of Knowledge Economy, and intends to gather soil and sand on Boan-si L, etc., and supply earth and sand to the land restoration project Corporation. If investment is deemed necessary to carry out a earth and sand restoration project, the Defendant would make up the principal and make up for the money if soil and sand are supplied after obtaining permission and construction, and then distribute profits.”
However, the facts are.