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A defendant shall be punished by imprisonment for not less than four years and six months.
Reasons
Punishment of the crime
"2015 Gohap 753"
1. Around April 9, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) stated that “D restaurant in Busan, Busan, is a property of KRW 80 billion in the inside of the Republic of Korea,” and “The victim E was bound by the property division of KRW 10 billion in the current divorce lawsuit, which would have been repaid with the property division, and would have been performed with the loan and construction as a building.” However, the promissory notes that received as the construction price are combined, and thus, the amount of construction price would be changed to KRW 30 million.”
However, in fact, the Defendant did not own assets such as buildings, and instead did not bear approximately KRW 1 billion obligations against the neighbors. Therefore, even if he borrowed money from the damaged party, he did not have any intent or ability to repay the borrowed money.
On April 10, 2015, the Defendant received 30,000,000 won from the injured party to the post office account (F) account under the name of the Defendant from around April 10, 2015 and received from around August 30, 2015 a total of 5,30,650,000 won from around 62 occasions under the name of the borrowed amount as shown in Appendix I as shown in Appendix I.
2. On November 7, 2015, the Defendant said that “Around November 25, 2015, the defrauded G was bound by approximately KRW 2.1 billion in the bank due to the lack of the completion of construction in a studio at a studio in a studio in the city of Kimhae-si.” The assets in the country exceed KRW 130 billion, and is in a lawsuit for divorce with the wife, and if so, the said money would also be resolved.” The Defendant said that he/she would pay money around November 25, 201, when he/she loaned money.
However, the defendant did not own special assets as above, and did not do studio construction work in Jin, etc., and there was no certain income, so there was no intention or ability to repay the borrowed money even if he borrowed money from the injured party.
The defendant shall belong to this, under the name of the defendant, to KRW 5,000,000 on the same day as the loan money.