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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
"2018 Highest 127"
1. Around August 2016, the Defendant committed the crime against the victim B, at the D’s house located in Chungcheongnam-gun budget group C, concluded that “If the Defendant loans KRW 20 million or KRW 30 million to B with the money, he/she will pay a large amount of money with the bonds and the number of days. If he/she loans the money with the loan as security, he/she will be given six equal interest every month. There is a lot of money from other persons so far. There is a lot of money from the other persons so far. At any time upon request for the return of the principal, the Defendant made a false statement that “I trust and leave the subject to the immediate return at any time.”
However, the Defendant did not have any intent or ability to pay the principal and interest agreed upon to the victim, on the other hand, while the Defendant had a personal obligation worth KRW 40 million at the time, and on the other hand, did not have any specific property and paid the personal obligation in so-called “defensing”. Since the Defendant thought to use the money borrowed from the victim to pay the money borrowed from other creditors, the Defendant did not have any intent or ability
Ultimately, on September 20, 2016, the Defendant, by deceiving the victim as above, received KRW 7 million in total from the E account (Account Number:F) in the name of the Defendant, and received KRW 188 million in total from the same account around September 29, 2016 and received KRW 25.8 million in total from the same account around the same month.
2. Around January 2, 2017, the Defendant committed the crime against the victim G made a false statement to the victim G from the IC operated by the Defendant in Chungcheongnam-nam Budget-gun, stating, “If he/she loans KRW 30 million to another person, he/she will pay interest on only 10 million. He/she will receive the payment of the amount of time off payment equivalent to KRW 50 million in the following month.”
However, in fact, while the Defendant had a personal obligation worth KRW 75,80,000 at the time, the Defendant did not have any particular property and paid the personal obligation in so-called “defensive”, and the amount borrowed from the victim also borrowed money from other creditors.