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1. The defendant shall be punished by imprisonment for eight months;
2. The Defendant shall pay 20,000,000 won to the applicant for compensation by deceit.
Reasons
Punishment of the crime
[2015 Highest 212]
1. On January 20, 2015, the Defendant: (a) around January 20, 2015, to the clothes shop operated by the victim E on the second floor of the Seoul Jung-gu Seoul Metropolitan Government D shop, the Defendant needs to newly open his/her clothes in the D shop; (b) it is necessary to pay money for the purpose of building deposit and the cost of goods.
When lending money, KRW 50,000,000 shall be offered as security for the lease deposit of the store now operated, and shall be repaid after one month.
“A false statement” was made.
However, the Defendant, without any particular property, borrowed the money equivalent to KRW 1.8 billion from the neighbors to repay the number of days to the F for the repayment of the credit service provider F, and thus did not have the intent or ability to repay the borrowed money as promised by the victim. The Defendant did not think that the Defendant would transfer the deposit amount of KRW 50 million to the victim, and the leased deposit amount was transferred twice to the others.
As such, the Defendant, by deceiving the victim, received from the victim, the sum of KRW 10 million around January 24, 2015, and KRW 28 million around January 26, 2015 from the victim, and acquired the victim by borrowing KRW 38 million as a gold.
[2015 Highest 2587]
2. On January 26, 2015, the Defendant: (a) in the “G” shopping district located in D, Jung-gu, Seoul; (b) there is insufficient down payment for the Defendant to open the victim C with clothes from the design club building.
If only KRW 20 million is lent, it shall be repaid until April 26, 2015.
“The phrase “ was false.”
However, the Defendant was thought to use the money borrowed from the injured party as debt repayment due to the reasons such as the preceding paragraph, and there was no intention or ability to repay the borrowed money as agreed to the injured party.
The Defendant, by deceiving the victim as such, received KRW 20 million from the victim to the corporate bank account in the name of the defendant as the down payment on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. The entry in each prosecutor’s statement protocol with respect to E and H / The real estate lease agreement;