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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
In the process of building three dredging vessels to be used for the four major courses, the Defendant suffered damages equivalent to KRW 4 billion from investors, etc., and received a demand for debt such as provisional attachment and compulsory auction from creditors when the debts of financial institutions, such as Busan Bank, etc. are equivalent to approximately KRW 1.7 billion.7 billion, and the Defendant introduced the Defendant to enable the Defendant to borrow money from the victim D (or 70 years of age) even with knowledge of such fact.
1. At around 14:00 on May 16, 201, the Defendant made a false statement to the effect that “If the Defendant borrowed the business fund of KRW 150 million each month, the Defendant will pay the principal to the Plaintiff within three months from the date of the borrowing, while selling the vessel engine in Japan and selling it in Korea.” The Defendant made a false statement to the effect that “if the Defendant borrowed the business fund of KRW 150,000,000,000,000,000 won each month, and without paying the principal within three months from the date of the borrowing.”
However, since the above facts are difficult, there was no intention or ability to repay money even if the victim borrowed money.
The Defendant, as such, by deceiving the victim, received KRW 140 million from the victim as a check and in cash after deducting the interest of KRW 10 million from the victim’s place of payment in advance as the borrowed money.
2. On July 4, 2011, the Defendant, at the office of the foregoing company located in Gangseo-gu Busan Metropolitan Government, made a false statement that “The Defendant was 10 million won in the factory by leaving the phone to the victim. If the Defendant borrowed 50 million won in the purchase price of the machinery, he/she would complete the payment of interest at a rate exceeding KRW 10 million.”
However, the facts are from the victim to pay the creditor's debt repayment and interest to the creditor's demand, not to purchase the machinery such as the ship engine in Japan.