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The punishment of the accused shall be determined by six months of imprisonment.
Reasons
Punishment of the crime
1. On February 2013, 2013, the Defendant stated that “A victim B (the 50-year-old) was unable to enter and work in D Co., Ltd. (C) and would be repaid within three months each month from the following month if the Defendant lent KRW 3 million to the police officer.”
However, even if the Defendant borrowed money from the victim, it was thought that he would use it as a security deposit for others, living expenses, sports earth expenses, etc., and there was no thought that he would use it as a security deposit. While the accumulated debt to financial institutions at the time was above KRW 100 million, there was no special asset or fixed income source, there was no intention or ability to pay the above money to the victim within the agreed period.
Around February 20, 2013, the Defendant, by deceiving the victim as above, received KRW 3 million from the victim to the agricultural bank account under the name of the Defendant and acquired it by fraud.
2. On March 25, 2013, the Defendant received KRW 3.5 million from the victim’s request for the purchase of secondhand cars and received KRW 3.5 million from the said agricultural bank account. On April 2013, the Defendant asked the victim to not purchase the secondhand cars and to return the said money. The Defendant stated that “If the secondhand money was well known and the secondhand money was lent to the Defendant, the Defendant would use it as the operating fund if it was lent to the said KRW 3.5 million.”
However, the defendant had already used the above money received as the purchase cost for the second class, and had no intention or ability to pay the above money to the victim within the agreed date due to the same reasons as the above paragraph 1.
As above, the Defendant, by deceiving the victim and borrowing KRW 3.5 million from the victim on the same day, was deferred due to the extension of the due date for repayment of the obligation to return KRW 3.5 million.