Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[2018 Highest 2165]
1. Crimes against victims C;
A. On July 2008, the Defendant loaned KRW 50 million to the victim C (34) in the office of Defendant’s management in Gangnam-gu Seoul, Gangnam-gu and the third floor of the Defendant’s early July 2008, including the interest on the loan of KRW 50 million to the victim C (34).
The phrase “ makes a false statement.”
However, in fact, since the defendant's E was in a hostile state and the business did not run properly and there was no possibility of making profits, the defendant did not have any intent or ability to repay money as agreed even if he borrowed money from the injured party.
On July 7, 2008, the Defendant acquired 50 million won from the damaged party to the bank account in the name of the Defendant.
B. The Defendant, around October 2008, at the E office operated by the Defendant on the Gangnam-gu Seoul Metropolitan Government D and 3 floor, paid the borrowed amount immediately to the victim C, “A person who enters China may pay the borrowed amount. However, as there is no cost of customs clearance in Incheon Port, the Defendant was unable to bring the substitute, and thus, he/she would pay the borrowed amount within one month with the money received by selling the substitute seat.
The phrase “ makes a false statement.”
However, in fact, E operated by the Defendant was in a state of enemy, there was no possibility of making profits due to the lack of proper progress of the business, and since the income of substitute was not normally made, the Defendant did not have any intent or ability to pay money as promised even if he borrowed money from the injured party.
On October 15, 2008, the Defendant acquired 10 million won from the victim to the bank account in the name of the Defendant on October 15, 2008.
(c)
The defendant around November 2008 demanded the victim C to visit Korea by a person who engages in the wholesale of cosmetics in the ice Y in China at the E office operated by the defendant in Gangnam-gu Seoul, Gangnam-gu and the third floor.