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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
As the representative director of a corporation C (hereinafter referred to as “C”), the Defendant supplied computer programs handled by the victim D (hereinafter referred to as “victim Company”) to the demand source, and has been engaged in computer program supply mediation in the way of paying the remainder after deducting a certain amount of profit, through an intermediate intermediary, by paying a certain amount of profit to the victim company.
On January 9, 2014, at the victim company office located in Seocho-gu Seoul Metropolitan Government, the Defendant applied for a loan of KRW 500 million to the Small and Medium Business Corporation, which is the full-time secretary of the victim company, and it was difficult to obtain a loan of KRW 200 million, and if at the time C borrowed KRW 300 million out of KRW 450,000,000 to be paid to the victim company, the Defendant said C would operate the business within one year.
In addition, on the 14th day of the same month, H hotel coffee shop located in Gangnam-gu Seoul, Seoul (hereinafter referred to as the "Seoul") would be able to obtain additional 300 million won loans from the Small and Medium Business Corporation to the above F et al., and if not, 300 million won should be extended, 450 million won should be paid late.
However, at the time of the defendant or C, there was no additional application for loans from the Small and Medium Business Corporation in addition to KRW 200 million, and the defendant or C bears the liability of KRW 350 million including the above KRW 200 million. On the other hand, even if the defendant borrowed KRW 300 million from the victim company because the defendant's property is almost little and there was no intention or ability to repay it until January 13, 2015, which is one year.
Accordingly, on January 14, 2014, the victim company believed to be able to receive principal after one year from the defendant, determined the payment period of KRW 300,000,000 as of January 13, 2015 and lent it to the defendant.
In this respect, the Defendant borrowed money from the victim company.