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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[2013 Highest 3167] On January 2009, the Defendant had already been causing KRW 1.6 billion in total, including the amount of KRW 495 billion with a mortgage loan of a national bank, KRW 200 million with a loan of a national bank, KRW 100 million with a loan of the Korea Credit Guarantee Fund, other than the amount of bonds, KRW 60 million with a bond, and KRW 20 million with a bill fraud amount.
In addition, due to the occurrence of large-scale discount stores, etc. in neighboring business districts, it is difficult to operate the marina, even if the victim borrows money from the victim as the remaining money is appropriated for the rental fee, monthly salary, store management fee, etc., due to the absence of the intention or ability to repay the loan interest of 15 million won or more in one month.
Nevertheless, on January 20, 2009, the Defendant made a false statement to the Victim AL (L, 45 years old), a long period of time, for the purpose of preparing expenses for the maintenance of marina (L), stating that “If the Defendant loans money necessary for the marina operating expenses, the interest shall be paid between three and five copies per month, and shall be repaid at any time at the time when the good faith needs to be met.”
The Defendant received KRW 8,200,000 on the same day from the victim through the National Bank Account (Account Number: AM) in the name of the Defendant and received KRW 172,050,000 in total from that time through the same 24 times until January 29, 2010, as shown in the attached List of Crimes.
[2013 Highest 3227] On July 12, 2010, the Defendant proposed to the effect that “The Defendant would pay back to the victim who had a usual friendship with the victim “H” store operated by the victim I in Yangcheon-gu Seoul Metropolitan Government, with interest added to the third-day interest on August 11, 2010 if he/she was operating the marina, while lending the proceeds of the goods.”
However, in fact, even though the Defendant had been operating DM at the time, there was little profit due to low business performance, and the total amount of personal debt reaches 1.4 billion won, and most of the sales amount reaches 30 million won per month.