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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant is a representative director of C, who currently engages in credit trading as an employee of (State) B, who is a company.
1. On May 7, 2012, the Defendant need to pay money to the victim E office located in Busan Sinan-gu, Busan, for the development of the U.S. Ming software.
The loan of KRW 30 million shall be used only one month and repaid.
“A false statement” was made.
However, in fact, the Defendant did not have any particular property, and the development of the software related to the hosting of the U.S. Magag-gu games requires time, so even if the Defendant borrowed the above money from the damaged party, there was no intention or ability to pay the money normally.
As above, the Defendant: (a) by deceiving the victim; (b) obtained money from the injured party through the Defendant’s account from the third party on June 21, 2012; (c) KRW 10 million on or around July 23, 2012; (d) KRW 10 million on or around July 25, 2012; and (e) obtained money from the third party on or around July 25, 2012, KRW 30 million.
2. On June 2014, the Defendant was aware of the fact that the said victim intended to obtain a loan due to the lack of money in purchasing a factory site in Yangsan and intended to obtain a loan from the victim as if he could do so. The Defendant would lend KRW 500 million to the said victim by calling the said victim for “a studio construction to build an officetel in the shipping belt,” and the said victim would be able to obtain a loan from the Japanese Fund PF loan if the said money entered.
In order to obtain a loan, it made a false statement that the expenses are not money needed to do so, and thus the expenses are loaned.
However, in fact, the defendant only intended to lend money for personal use and did not have the ability to obtain a PE loan from a Japanese company, and there was no intention to use the money for expenses to obtain a loan.
The defendant deceivings the victim as above, and is therefore borrowed from the victim.