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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant, while working as the head of the Daegu-gu business team, was trying to obtain money from victims E (the age of 58) (the age of 58) who came to know through the Internet D meetings from March 2017 as a person operating the business advertising company, which is a commercial building advertising company, to obtain money from the victims E (the age of 58) for business funds.
1. On March 2017, the Defendant issued a false statement that the Defendant would dismiss the Defendant’s capital when he lent KRW 10 million to the Plaintiff, who was employed as the head of the strategic planning headquarters of the company in order to make the Defendant withdraw from the H, with the view that the Defendant would be a company with a high prospect for the KF apartment G-dong, which was operated by the Defendant, and then would make the Defendant retire from the KF G-dong parking lot.
However, even if the Defendant received the above money from the victim, the Defendant had the intent to use the money for the cost of living without the intent to pay the said money to the said H, and the Plaintiff did not pay management expenses, such as electricity and rent, and monthly salary to the employees because there was no profit-making, and the Defendant did not have any other income or specific property. Therefore, the Defendant did not have the intent to repay the borrowed money to the victim and did not have any capacity.
Nevertheless, the Defendant, by deceiving the victim as above, obtained a monetary sum of KRW 10 million on the same day from the victim and acquired it by deception.
2. On May 2017, the Defendant borrowed money to the victim for the purchase of Nohbuk-gu, Daegu-gu, and the J restaurant near I, the Defendant stated that he would make a full payment later.
However, as above, the Bank did not have little performance and did not pay management fees such as electricity tax and monthly salary to its employees, and the defendant did not have any other income or any other property, so even if borrowing money from the victim, it did not have any intent to repay it.
Nevertheless, the defendant deceivings the victim as above and belongs to it.