beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[2016 Highest 3592] On April 2015, the Defendant stated to the effect that “If the Defendant loaned KRW 20,000,000 to the victim E, the Defendant would receive interest and principal from the other party and pay to the victim.”
However, even if the Defendant borrowed money from the victim as above, the Defendant did not intend to use the money as the name of repayment or personal living expenses, and did not intend to use it as notified to the victim, and did not have any intent or ability to repay it.
Therefore, on April 29, 2015, the Defendant received the remainder of KRW 19,200,000 from the victim to the Agricultural Cooperative account (G) account in the name of the Defendant and acquired the remainder of KRW 20,000 after deducting KRW 80,000 from the prior interest from KRW 20,000.
[2016 Highest 3728]
1. The Defendant, on January 9, 2014, by calls from the victim H on a closed spot and pays interest without any monthly basis if he/she lends money to the victim H as he/she is urgently required to pay the number of days, card bills, etc.
“.............”
However, since the defendant was unable to take economic circumstances due to the fact that he was liable for a debt equivalent to KRW 80 million at the time, he did not have the intent or ability to repay the money properly even if he borrowed the money from the injured party.
The Defendant received KRW 6 million from the damaged party to the NongHyup Bank account in the name of the Defendant on January 9, 2014, and transferred KRW 15 million to the said account on February 18, 2014.
Accordingly, the defendant, by deceiving the victim, obtained the delivery of KRW 21 million as the borrowed money.
2. On July 2014, the Defendant is aware of the term “D” for the Defendant’s operation of the Defendant located in Gyeyang-gu Seoul Metropolitan Government I, Seoyang-gu, Seoul Metropolitan Government, to pay the victim H one million won per month, and (b) is aware of the term payment.