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The punishment of the accused shall be set forth in six months.
Reasons
Punishment of the crime
The defendant served as a public official in the police administration office in the same police station as the victim B.
1. Around February 2015, the Defendant: (a) around May 2014, at a drinking house where it is impossible to know the trade name near the subway Station in Seoul Special Metropolitan City, Nowon-gu, the subway Station; (b) the Defendant made a false statement to the effect that “the Defendant may pay interest on the Plaintiff due to malicious corporate bond business entities. It is difficult for the Company to create a mortgage on an apartment owned by the Company to sell an apartment; (c) to sell the apartment; and (d) to sell the apartment at a low interest rate; (d) the Company may obtain a loan from the Company at a low interest rate; and (e) may receive a deposit from the new lender at a deposit rate. If it is possible to dispose of the apartment, the Defendant may make a false statement to the effect that he/she may sell the apartment at a low interest rate of 40 million won even if he/she disposes of the apartment.”
However, when the defendant purchases an apartment owned by the defendant, it is difficult for the defendant to pay interest of KRW 270 million, credit loans of KRW 48 million, and KRW 70 million each month from D to pay interest on the above loans, etc. The defendant's revenue was difficult to pay interest on the above loans. Even if the defendant borrows money from the victim, it was intended to use the apartment as other personal debt or living expenses. Even if the defendant receives a security deposit or disposes of the apartment by leasing the apartment owned by the defendant, it is inevitable to use it for the repayment of the existing financial right loans, etc., so there is no intention or ability of the victim to pay the money.
On February 15, 2015, the Defendant acquired a total of KRW 33 million, including KRW 30 million around February 15, 2015, and KRW 30 million around February 16, 2015 from the victim to the E bank account in the name of the Defendant.
2. On September 2015: