beta
Text
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. On February 14, 2017, the Defendant stated that “A victim B, who was aware of in the mutual influenite-dong, Sincheon-si, Sincheon-dong, knew of the fact that “A money is necessary to expand the business to operate a mobile phone store, he/she would receive a loan from a lending company to get a credit rating lower within one month if he/she borrowed the loan from the lending company, and will repay the loan with money.”
However, in fact, the Defendant is liable to pay approximately KRW 60 million to the lending company, etc., and the status of operation of the mobile phone store was difficult, and the Defendant was thought to use the money borrowed from the victim as the premium, living expenses, etc. for the new mobile phone store, so there was no intention or ability to pay the said money even if the Defendant borrowed money from the victim.
The Defendant, on February 16, 2017, received KRW 38 million from the victim, and KRW 35 million from February 21, 2017, from the victim to the CUnion account (D) in the name of the Defendant, and acquired it by deceiving KRW 73 million.
2. On July 30, 2017, the Defendant stated that “The Defendant would receive from the other party who conducts the bond business and settle all of the transferred obligations by taking the bond business from the other party who received the loan from the other party,” and that “The Defendant would lend KRW 10 million as it is necessary to pay the bond business to the other party.”
However, the Defendant did not have any intent or ability to repay, even if he borrowed money from the victim, because the Defendant was under economic difficulties as above and was thought to invest a considerable portion of the borrowed money from the victim in a multi-level business.
Around August 2, 2017, the Defendant received from the victim the money of KRW 10 million from the victim as the borrowed money and acquired it through the above CUnion account under the name of the Defendant.
3. On September 2017, the Defendant called “F” corporate bond office located in Vice-Sincheon-si E to the victim B and additionally lent money to the victim B.