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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On April 23, 2008, the Defendant stated that “If the Defendant loans KRW 10 million to the victim E at the office of D Co., Ltd. operated by the Defendant on the fourth floor of Yongsan-gu Seoul Metropolitan Building, the Defendant would pay the victim KRW 10 million by April 30, 2008, and if the payment is not made by that date, the Defendant would pay the victim interest on KRW 5 per month.”
However, in fact, the Defendant had no particular property at the time, but did not have any income from the above company due to the lack of the performance of the construction work. Around that time, the Defendant borrowed KRW 10 million from F to pay the office rent, and the Defendant did not have any intent or ability to pay the principal and interest at the time of the agreed repayment even if he borrowed money from the victim, and did not have any intent or ability to pay the principal and interest at the time of the agreed repayment.
Nevertheless, the Defendant was issued a cashier’s check on KRW 10 million on the same day on the same day from the victim by false statement as above.
2. Around September 2008, the Defendant requested the Victim E to “A request for a loan of KRW 20 million,00,000,000,000 due to the shortage of funds for performing the construction of a detached house in Yongsan-gu Seoul Metropolitan City.” However, on October 2, 2008, the Defendant introduced the Defendant to the Plaintiff at the office of I Co., Ltd. operated by the victim under the Nam-gu Incheon Metropolitan City H 904, and, on October 2, 2008, introduced the J to the Plaintiff, “The J has land and buildings in Seopo-do L in the name of Seopo-do, his father’s father-do. The Defendant loaned the right to collateral security of KRW 30,000,000 to the land and building to lend KRW 20,000,000,000 per month and to repay the principal by March 31, 2009.”
However, since the defendant suffered economic difficulties such as the above '1', even if he borrowed money from the victim, he did not have the intent or ability to repay the principal and interest to the due date for which the contract was made, and the defendant is at the time of the Gyeongbuk-dong.