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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
The Defendant of “2018 Highly 1103” had a bad credit standing position since 2010 and had a debt equivalent to KRW 1 billion around that time, and began to operate the mobile phone distribution and export business from around 201, but was in a state of so-called “componing” in which the Defendant repaid the existing debt by lending money from a hostile accumulated debt, and even if he/she borrowed money from another person due to no particular property or profit, there was no intention or ability to repay the debt.
1. Crimes against the victim B;
A. On April 28, 2015, the Defendant acquired the borrowed money under the name of a simple business fund by fraud, at the victim B’s office located in Gangnam-gu Seoul Metropolitan Government, and at the victim’s office located in Gangnam-gu Seoul Metropolitan Government, the Defendant made a false statement that “I will repay all of the funds within one month if I lend the funds to the business being in the country.
The Defendant, by deceiving the victim as such, received KRW 28 million from the victim to the corporate bank account (E) in the name of the Defendant-friendly parent-child relationship, under the pretext of borrowing money from the victim, and received KRW 46 million in total by remitting KRW 18 million around April 30, 2015.
B. On June 4, 2015, the Defendant: (a) at the victim’s office located in Gangnam-gu Seoul Metropolitan Government, the Defendant purchased the Songpa-gu Seoul F apartment G G; and (b) at the victim’s office located in Gangnam-gu, Seoul; (c) on July 24, 2015, the Defendant made a false statement that “part of the remainder is insufficient to borrow due to the shortage of contract deposit;” and (d) around July 24, 2015, the Defendant: (a) by deceiving the victim as such; (b) received KRW 70 million from the victim to the H’s corporate bank account (I); (c) received KRW 40 million from the D corporate bank account (E) around July 24, 2015; and (d) received KRW 110 million in total from the victim’s office located in Gangnam-gu, Seoul; and (e) received KRW 200,000 from the victim’s office located in Gangnam-gu, Seoul; (c) on June 121, 2015.