Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On May 7, 2007, the Defendant made a false statement to the effect that “The Defendant would pay interest of KRW 500,000 per month if he/she lends money to the victim, which he/she operates a credit business, at the victim’s house located in Gyeyang-gu Seoul Metropolitan Government C apartment.”
However, in fact, the Defendant did not have any particular income or property, and instead did not use the funds borrowed from the victim to any other person, and the Defendant was planning to borrow more than 0 million won from all owners, including E and F, while engaging in credit business at the time, to use the funds borrowed from the victim to repay the borrowed funds to all owners. However, such circumstances were concealed by the victim.
As above, the Defendant, by deceiving the victim, received 30 million won from the victim to the Defendant’s Nonghyup Bank account on the same day.
2. On May 25, 2007, the Defendant made a false statement to the effect that the Defendant would pay 2% interest per month if he/she lent money to the said victim by telephone.
However, the Defendant had no particular income or property, and most of the KRW 30 million previously borrowed from the victim was repaid by the Defendant while engaging in credit business. At the time, the Defendant was planned to use the money borrowed from the victim to repay the borrowed money to the previous owner, but the circumstances were concealed by the victim.
As above, the Defendant, by deceiving the victim, received 40 million won from the victim to the Defendant’s Nonghyup Bank account on the same day.
3. On June 5, 2007, the Defendant made a false statement that the Defendant would pay 2% interest per month if he/she lent money to the said victim by telephone.
However, the defendant did not have any particular income or property, and most of the 70 million won borrowed from the victim is the defendant.