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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. The Defendant committed the crime against the victim D is a person operating a business household sales company. On November 2015, the Defendant told the victim D who was aware of the name near the Gyeongnam University located in Changwon-si, Changwon-si, Changwon-si, Changwon-si, to pay the price for household materials to be entered the construction site more than three months if he borrowed KRW 50 million to him.
However, in fact, the Defendant borrowed 20 million won in total from the wife and the branch, etc. at the time, and the company’s rehabilitation procedure was in progress due to other liabilities such as financial rights, etc., and there was no special property otherwise owned. Moreover, more than half of the amount borrowed from the damaged party as it is difficult to perform these obligations due to the difficulty in managing and obtaining profits from the household company, and more than half of the amount borrowed from the damaged party for other obligations such as the former transaction partner, etc., the Defendant was thought to use the amount for the purpose of repayment of obligations such as the former transaction partner, etc., so even if borrowing the amount from the damaged party, he did not have any intent or ability to repay it according to the agreement.
Ultimately, the Defendant, as seen above, by deceiving the victim, received a total of KRW 50 million from the victim on December 1, 2015, including KRW 477 million on and around December 1, 2015, and KRW 2.3 million on the following day.
2. On April 5, 2016, the Defendant stated that “The card price used by the Defendant is to be paid back after one week if he/she lends the card price to the victim E, which he/she knew that he/she had been working as a staff by borrowing the registered name of the place of business of a household store and having the Defendant work as a staff.”
However, the Defendant continued to have economic difficulties as described in paragraph 1 at the time, and even if the loan was set aside in Paragraph 1 with respect to Section D, only partially repaid money borrowed from the wife and thus, it is difficult for the Defendant to pay.