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A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall obtain money from the applicant for compensation and delay damages therefor.
Reasons
Punishment of the crime
1. On January 201, 2014, the Defendant called the Defendant to the Victim C by phoneing, etc., “The local project in Indonesia, which was said to have been carried out as soon as two weeks compared to the idea of the business operation. The Defendant is required to pay the business registration as soon as possible, and thus, it is necessary to pay the expenses of KRW 50 million. The amount of KRW 20 million is currently insufficient. The Defendant made a false statement to the effect that he/she would immediately repay the money immediately after he/she returned to Korea with the business operation in Indonesia.
However, at the time, the Defendant did not have any dispute over KRW 300 million until Indonesia until now, and there was no intention or ability to complete the distribution business in Indonesia and the “ccot business” (the removal of fibers from cocons and processing of the remaining parts). As such, the Defendant was in a state where it was unable to expect the creation of profits from the above business due to the failure to secure funds, human resources, etc. in connection with the distribution business in Indonesia and the “ccot business” (the removal of fibers from cocons and processing of the remaining parts). As such, even if he borrowed money from the victim, he was able to use it for his debt repayment,
Nevertheless, on February 6, 2014, the Defendant: (a) by deceiving the victim; (b) received KRW 10 million from one bank account under the name of the Defendant from the victim; and (c) received KRW 154 million from that time to June 18, 2014, as stated in the list of crimes in the attached Form; and (d) acquired the same by deceiving the victim as the above account, from that time.
2. Around June 11, 2014, the Defendant made a false statement to the effect that “The Defendant, at the I office of the Victim H located in Chuncheon-si, “The present funds are insufficient, and the Indonescop project, which had not been paid before and after the funds are difficult.” By June 30, 2014, the Defendant borrowed KRW 20 million to the Defendant.”
However, at the time, the defendant borrowed money from the victim as stated in the preceding paragraph.