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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On August 23, 2013, the Defendant: (a) around August 23, 2013, at a H restaurant operated by the injured party G in Gwangjinyang-si, the Defendant requested the injured party to immediately offer a deposit of KRW 40 million for a work-to-work discount store operated by I in Mineyang-si; and (b) to lend money by March 23, 2014.
However, in fact, the Defendant had already provided the J as a security for the lease contract for the above work-free discount store around June 2013, and the Defendant has not been fully paid the deposit amount of the Defendant’s bid price, and thus has been liable for the debt amounting to KRW 180 million due to the repayment of money from other persons due to the failure to pay the deposit amount of the bid price operated by the Defendant, and there was no intention or ability to pay the money from the victim even if he borrowed money from other persons.
The Defendant received KRW 30 million from the victim to the Agricultural Cooperative Account under the name of the Defendant for the same day as the loan money.
Accordingly, the defendant was given property by deceiving the victim.
2. On September 17, 2013, the Defendant: (a) around September 17, 2013, at the above H restaurant, requested the Defendant to lend money to the Defendant, stating that “In addition, if the Defendant extended KRW 30 million to the victim, not only the lease contract for a discount store to return the above work, but also the lease contract for L in KS located in K at Gwangjuyang-si, the inside of which is offered as security to another person; (b) to recover the deposit amount of KRW 60 million and offer it as security; and (c) to set up a security for 101 Dong-dong 1102 of Mayang-si, Mayang-si, the name of which is located, and until March 17, 2014.”
However, in fact, the defendant did not own the above M apartment under his name, and due to the fact that the payment of the deposit of the successful bidder operated by the defendant has not been made properly, the defendant borrowed money from other persons and operated funds to prevent the return of money.