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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Around July 25, 2011, the Defendant made a false statement to the effect that “The Defendant would make a payment after a week because he/she had paid money to the victim E, while lending KRW 5 million to the victim E, at the D office operated by the Defendant in Hadong-gun, Chungcheongnam-gun, Seoul.”
However, at the time, the Defendant paid a loan of KRW 1.7 billion to the Defendant’s personal debt and KRW 300 million to the Defendant, as the second loan of the financial right was not made by the Defendant due to the lack of the secured loan of the second loan of the financial right, and the construction of the loan of KRW 6,000,000,000 was completely interrupted from the beginning of August 201, the Defendant did not have any intent or ability to repay the loan even if he borrowed money from the victim.
Ultimately, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the account in the name of G as a loan money, and received from him/her from him/her, from that time to December 14, 2012, a total of KRW 25 million was transferred to G, H and I accounts in the name of G, H and I by December 14, 2012.
2. Around February 4, 2014, the Defendant made a false statement to the effect that “Around the end of August, 2014, the Defendant lent KRW 25 million to the Defendant’s account in the name of the Defendant in the name of the Defendant, with the amount borrowed from the Defendant before receiving the construction cost for the end of August.” However, the Defendant did not have any intent or ability to repay even if he borrowed money from the victim because the construction was suspended due to the lack of any additional loan in the status of the property as described in the foregoing paragraph (1). Ultimately, the Defendant by deceiving the victim as above, and was transferred from the victim to the Defendant’s office in the name of KRW 25 million on the same day, and around March 7, 2014, KRW 10 million on or around March 26, 2014, the Defendant received KRW 35 million from the Defendant under the name of the Defendant’s office in the name of the Defendant.