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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[2012 Highest 3165] On May 17, 2010, the Defendant stated to the effect that “The victim’s house of the victim of the Daejeon Seo-gu Daejeon Seo-gu Daejeon building 102 is an auction and calculated as the officially announced land price, which would amount to 1.3 billion won. In order to obtain a successful bid of the said forest of KRW 390 million, if the Defendant borrowed the said forest of KRW 39 million to be used as a bid bond, it will offer it as a security to a financial institution and repay the loan up to KRW 39 million by adding the interest on the loan to KRW 39 million.”
However, the defendant did not have a plan to participate in the auction of the above real estate, and he was able to pay his personal debt with the above loan, and at the time he did not have the ability or intent to pay the victim's loan due to the financial condition of the defendant.
As a result, the Defendant, by deceiving the victim and received seven million won from the victim, on the same day from the victim, from that time until May 28, 2011, received a total of KRW 92,900,000 from the victim as shown in the attached crime list 1, from that time.
[2012 high group3218] On December 6, 2010, the Defendant stated to the effect that “If a cafeteria is required to operate a cafeteria, the Defendant would have to pay 20 million won until April 30, 201,” at the G cafeteria operated by the Defendant in Seo-gu, Daejeon.”
However, the defendant was in excess of the debtor's property at the time of the debt borrowed from the individual and bank such as D at the time, and the amount of interest on the debt exceeds 4.5 million won per month and the amount of the debt continues to increase due to the shortage of living expenses, and there was no intention or ability to repay the debt even if he borrowed money from the victim.
Accordingly, the Defendant, by deceiving the victim on December 8, 2010, received KRW 20 million from the victim to the Agricultural Cooperative (Serial I) account in the name of the Defendant, and attached from that time until February 22, 2011.