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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
The Defendant is a person who was working from D Co., Ltd. to March 2017, 201, and the victim E, victim F, and victim G, a person who was working for the Defendant.
1. Around September 12, 2014, the criminal defendant against the victim E made a false statement to the victim E, “I would have a 5% interest per month on the loan of money because there is a friend in corporate bonds in Korea.”
However, the Defendant did not have a friendship in corporate bonds, and the Defendant paid the obligation with the borrowed money received from the injured party by the “defluencing the repayment of interest or principal to other creditors”, and there was no other profit in addition to receiving a monthly wage of KRW 1.8 million from the said company, and there was no other property to repay the borrowed money. Therefore, even if the Defendant borrowed money from the injured party, there was no ability or intent to pay the borrowed money.
Nevertheless, the Defendant, as seen above, received a total of KRW 77,90,000 from the time when he received a transfer of KRW 3 million to the corporate bank account (H) in the name of the Defendant on the same day from the victim to February 3, 2017, and acquired the money by deceiving the victim in total of KRW 10,000,000,000 from February 3, 2017, such as the previous list of crimes (1).
2. Around September 23, 2014, the Defendant against the victim F made a false statement to the victim F, stating that “A victim F would be able to receive 5% interest per month if he/she lends money to the victim F because he/she has a friendship in operating a bond business within the country.”
However, the Defendant did not have a friendship in corporate bonds business, and the Defendant repaid his debt with the above borrowed money received from the injured party in the manner of “return”, which was a prompt repayment of interest or principal to other creditors, and there was no other profit in the said company as well as receiving a monthly payment of KRW 1.8 million from the said company, and there was no other property to repay the borrowed money.