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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. On April 5, 2018, the Defendant made a false statement with the victim’s D office operated by the victim C, which was located at the macro-city B, that “A shall lend KRW 30 million to the victim at the cost of construction. It shall be paid without fail. It shall be paid.” On April 9, 2018, the Defendant made a false statement to the victim that “Around 9, 2018, additionally lent KRW 10 million to the victim and repaid KRW 40 million at one time.”
However, the Defendant had no particular income and property, while there was a debt of KRW 1.1 billion from a number of persons during several years, was in arrears with the obligation of KRW 25 million to financial institutions since 2016, and the credit rating was reduced from Grade 8 to Grade 9 in 2016, from Grade 9 in 2017, and from Grade 9 to Grade 10 in 2017, and was in excess of the obligation, so even if the Defendant borrowed money from the victim, it did not have the intent and ability to repay it.
As above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim on April 5, 2018, and KRW 30 million on April 9, 2018, from the E bank account (Account Number:F) in the name of the Defendant, under the name of the victim.
2. On April 6, 2018, at the place indicated in paragraph (1) of the same Article, the Defendant made a false statement to the victim that “The construction cost will be paid KRW 530 square meters in cash and KRW 1305 million in cash among the above G land. Although there are a large amount of provisional registration and mortgage on this land, if only the civil engineering works are completed, the ownership may be transferred by receiving loans from the bank.”
However, the above G and H land were registered for five provisional registrations, one seizure, the maximum debt amount of KRW 670,000,000,000,000,000 for five provisional registrations, and one superficies creation registration. In fact, the Defendant had already lost its ability to repay as described in paragraph (1) and could not cancel the provisional registration of the above land and the establishment registration of the neighboring mortgage registration.