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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
1. On July 201, 201, the Defendant made a false statement to the effect that “If the party factory shuts down due to lack of material costs for personal belongings components, the party factory shuts down, 10% interest shall be paid every month, and the principal shall be repaid within 10 to 3 months.”
However, in fact, there was no intention or ability to repay even if the defendant borrowed money to the victim with a large amount of debt such as 430 million won in the apartment mortgage loan, 1.3 billion won in the factory machinery security, 90 million won in the amount of tax collection, and 200 million won in the unpaid tax payment.
The Defendant, as such, by deceiving the victim, received KRW 20 million from the victim to E head of the Tong Co., Ltd. on July 31, 2011, and thereafter received KRW 72,471,00,000 from that time, in total, 46 times from March 12, 2012, as shown in the annexed crime list, from that time, the Defendant received KRW 72,471,00 from the Korean bank account in the name of E and Defendant Company G employees.
2. On November 2012, the Defendant made a false statement to the effect that “The Defendant would pay the Defendant a debt guarantee of KRW 180 million, which was not paid to the Defendant for KRW 500 million, to the Defendant, at the same place as the Defendant’s early November 2012, 201, by raising a debt guarantee of KRW 180 million.”
However, the Defendant did not have the intent or ability to pay the balance of the above high-speed launch even if the victim guaranteed the following, due to the failure to sell the factory.
As such, the Defendant, by deceiving the victim, had the victim guarantee of KRW 180,000,00,000, and then had the victim repay only KRW 110,00,00 to EMM Rotterdam, Co., Ltd., and had the victim repay the remainder of KRW 70,000,000, and had the victim obtain pecuniary benefits equivalent to the same amount.
3. The Defendant: (a) around January 20, 2012, at the same place; and (b) the victim’s transaction partner E of a stock company.