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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant has a debt of approximately KRW 220,00,000 in total to financial institutions. Since it is difficult to cope with about KRW 3,500,000 per month interest on monthly income of KRW 3,50,000, it is difficult for the Defendant to repay the above existing debt from the beneficiary, the Defendant borrowed money from the beneficiary, made the repayment of the said existing debt with the non-performance of other debt, and paid the debt to the beneficiary by receiving the duplicate loans from many financial institutions with low interest rate.
Around July 2013, the Defendant borrowed money from a son for the purpose of receiving a loan from a victim’s future life insurance company as if there was no other debt. On August 22, 2013, the Defendant instigated the victim company to the effect that (i) the Defendant borrowed 30,000,000 won from the victim’s Gun branch office located in the fourth floor of the Sist Building Transport 852-1, Gunsan-si around August 22, 2013 to the interest rate of 9.2% per annum, and (ii) concluded a monetary loan loan loan contract with the content that is repaid after one year, the Defendant did not apply for a loan to other financial institutions, and (iii) there was no intention to obtain a duplicate loan from other financial institutions, and (iv) the Defendant did not intend to obtain a duplicate loan from other financial institutions for the next 15 days.
However, the Defendant was planning to obtain a double loan from another financial institution from the beginning, and was scheduled to receive additional 80,000,000 won from Samsung Bio-stock Company on the date of the loan application, and as above, there was a debt of approximately 220,000,000 won to the branch, and there was a debt of approximately 10,000,000 won in a credit card company, and there was no other income than approximately 3,50,000,000 won in monthly income, and thus, there was no intention or ability to make a full payment from the victim.
The Defendant received KRW 30,000,000 from the victim on August 26, 2013 as a loan, around August 26, 2013.
This is the defendant.