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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On January 20, 2016, the Defendant stated that “C” located in Busan Jung-gu, Busan, means that “A requires the cost of purchasing a household in operating E” to the victim D by January 26, 2016. If the Defendant borrowed KRW 20 million, it would be repaid by January 26, 2016.”
However, at the time, the Defendant was liable to pay a number of creditors KRW 893,392,00,000, and E profits were merely KRW 4 million per month, and there was no intention or ability to pay the amount normally by the deadline for repayment even if the Defendant borrowed the amount from the victim.
Nevertheless, the Defendant, by deceiving the victim as such, received KRW 17.4 million from the victim to the account of community credit cooperatives under the name of the Defendant on the same day, as the borrowed money, and received from that time four times until February 16, 2016, a total of KRW 72.4 million was remitted as the borrowed money.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. The loan certificate, loan certificate, lease agreement, notarial deed, and creditor list [the defendant asserts that there was no intention to acquire money, so the defendant borrowed KRW 72.4 million from the victim and used most of the household store premium and lease deposit in the name of the victim, and concluded a lease contract in the name of the victim. However, in full view of the following circumstances recognized by each of the above evidence, it is determined that the defendant had an intention to obtain money in the name of the victim. ① At the time when the defendant borrowed money from the victim, the defendant had already been liable for a maximum amount of non-payment in financial rights, etc., as well as for personal creditors (the defendant was liable only for the debt under the creditor list submitted by the police at the time of filing a petition for bankruptcy in 2017).
(2) The Defendant asserts that it is possible for him to fully repay the following elements, such as the interior of the art. 199, and the lease deposit.