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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On May 23, 2014, the Defendant of the instant case, “2015 High 1822,” by phoneing the victim’s employee to a counseling staff member under the name of the company making loan of 10 million won to the victim, and submitted to the victim’s office a false statement to the effect that “on May 25, 2017, the Defendant would pay interest at the rate of 34.9% per annum per month until May 25, 2017, and repay the principal on the due date of the loan,” and submitted the written loan to the effect as above, along with a copy of the source collection receipt of wage and salary income as KRW 50 million per annum.
However, the defendant did not have any intention or ability to repay the above amount according to the agreement even if he received the above amount from other creditors due to the situation such as seizure of monthly pay received from the defendant's working company due to the considerable debt in the course of running his personal business.
The Defendant, as above, by deceiving the victim as above, received KRW 10 million from the victim to the new bank account (F) in the name of the Defendant on the same day, and acquired it by defrauded.
2. On May 23, 2014, the Defendant of the instant case, “2016 High 294, the Defendant called “A, having been in office in E at present, there is no personal obligation for a third party, and there is no possibility to file an application for personal rehabilitation or individual bankruptcy within three months since he/she did not have any current financial obligation,” and entered into a loan transaction agreement with the said victim company and its maturity on May 25, 2017, setting the interest at 34.9% per annum.
However, at the time, the defendant had been urged to pay by other creditors, such as seizure of monthly pay received from the defendant's working company E, because the defendant's debt including the unpaid bonds is considerable, while operating his personal business.