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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. Around May 6, 2010, the criminal defendant against the victim B stated that the victim B would pay the amount of KRW 67,500,000,000 to the victim B, in a mutual influent restaurant located in the Dong-dong, Gwangju-gu, Gwangju-gu, and the victim B.
However, at the time, the Defendant had no intention or ability to repay the loan amounting to approximately KRW 89 million, and the Defendant failed to repay the loan amount from time to time, and paid overdue interest. Personal debt KRW 100 million and overdue tax amounting to approximately KRW 100 million. In the past, the purchase of the site by the Young-gu Mine C was not performed properly due to economic circumstances, such as the lack of funds.
Nevertheless, on May 7, 2010, the Defendant received money KRW 50 million from the victim to the Agricultural Cooperative Account (Account Number: E) in the name of D on May 7, 2010 from the victim and fraudulently acquired it.
2. On March 8, 2011, the criminal defendant against the victim F stated that the victim F would subsequently purchase the said land and transfer the right of permission if he/she lends money to the victim F to the victim F because he/she had obtained the right of permission for a mining station H in the Gwangju Mine-gu.
However, at the time of fact, the Defendant was at least KRW 89 million with a financial institution’s loan, and the Defendant was unable to repay the loan at once, and was responsible for overdue interest. The Defendant loaned KRW 180 million with a personal debt of KRW 100 million to J, and if the Defendant did not repay the loan to J around December 2010, the Defendant did not have the intent or ability to transfer the above right to permission of gas station to the victim even if he borrowed money from the victim, on the ground that the Defendant agreed to transfer the right to permission of gas station around December 201.
Nevertheless, the defendant's account number in the name of the Gwangju Bank account in the name of K is the amount of KRW 10 million on March 9, 201, as a loan from the victim at the above false end.