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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
[2016 Height553]
1. On March 2015, the criminal defendant against the victim C expressed that “E” in the “E’s operation “E” of the Defendant, located in Chungcheongnam-gu Sound Group D, Chungcheongnam-do, would allow the victim C to purchase and repair the agricultural machinery, such as egoh or compact spah, and light spah, and then bring profits from the purchase of the agricultural machinery. If the funds to purchase the agricultural machinery are lent, 50% of the profits from the sale will be paid after purchasing the agricultural machinery.”
However, even if the defendant receives money from the victim as the fund for purchasing agricultural machinery, he did not think that it will be used for personal purposes, such as the installation of the above Agricultural Machinery Repair Center or the purchase of equipment operated by the defendant. After purchasing the agricultural machinery, the defendant did not have the intention or ability to distribute the proceeds to the victim.
Nevertheless, the Defendant, as above, makes a false statement, and the Defendant’s affiliation amounting to KRW 10 million from the victim on April 11, 2015, and the same year.
5.4. 5 million won, and the same year.
5. 18.35 million won, and the same year.
6.9.15 million won was paid in total.
2. Around July 3, 2015, the Defendant made a telephone call to the Victim F and called “E” to the victim F, “I have not entered the victim’s money. I have now lent KRW 30 million, as I need to pay. I have now lent KRW 30 million.”
However, the Defendant did not enter money at the time, and as stated in Paragraph 1, had been liable for the debt amounting to KRW 30 million from creditors, such as C, etc., so even if he borrowed KRW 30 million from the victim, the Defendant did not have any intent or ability to repay it later.
Nevertheless, the Defendant made a false statement as above and received 30 million won from the victim around that time.
3. On October 2015, the Defendant, against the victim G, planned to hold a vinyl house to the victim’s “E” in the “E” as stated in paragraph (1) of the said Article.