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A defendant shall be punished by imprisonment for four years.
The defendant is an applicant for compensation, who is an applicant for compensation, of KRW 75,00,00,000.
Reasons
Punishment of the crime
【2019 order 1155】
1. Around April 13, 2011, the Defendant made a false statement to the effect that “The Defendant would pay 1.5 million won per month to the victim I at the roadside branch of H Bank G located in Gangdong-gu Seoul Metropolitan Government to extend its business now. The Defendant borrowed 2.46 million won within the Republic of Korea from H Bank, which is now living at the H Bank, as security.” In return, the Defendant made a false statement to the effect that “The Defendant would pay 1.5 million won per month, and would not cause damage to the principal and interest of the loan at the time.”
However, around May 2008, the Defendant opened a restaurant of "K Shsawbsawb" in Eunpyeong-gu Seoul, Seoul, and opened a restaurant of "K Shsawbsawb" (hereinafter "L branch") in Gangdong-gu, Seoul around October 2010, the Defendant was liable for the debt of KRW 150 million borrowed from the other parties, and KRW 50 million borrowed from the financial institution, and the Defendant did not pay KRW 200 million for the above L branch. The loans from the above H bank were not used to open another restaurant business, but it was thought to be used to pay KRW 200 million for the above L branch, and there was no intention or ability to repay the principal and interest of the loan, even if the loan was not provided to the extent that the loan was borrowed from the financial institution or appropriated for the interest of the loan from the financial institution.
Around April 13, 2011, the Defendant: (a) by deceiving the victim as such; (b) obtained a loan of KRW 246 million from H Bank after being provided with M apartment N No. 1 of Dobong-gu Seoul, the victim’s ownership as security; and (c) thereafter, obtained pecuniary benefits equivalent to the same amount from H Bank; and (d) from that time until September 19, 2018, up to 17 times in total, as indicated in [Attachment List Nos. 1, 2, 4, and 18, the total amount of damages indicated in [Attachment List No. 1, 91,000,000 won from the victims, shall be KRW 1,04,100,000.