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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. Around July 15, 2007, at the defendant's house located in Eunpyeong-gu Seoul Metropolitan Government D and 3rd floor, the victim C made a false statement to the victim C, stating that "I will immediately repay if I lend the value of the deposit of the trust to the new owner of the forest at the investigation of North Korea's attitude, the value of the land owned in Ulsan-dong is high."
However, in fact, the Defendant had no land owned by the Defendant at Ulsan-dong, and even if the Defendant had already been liable for 130 million won or more at the time of borrowing money from the victim, and he had no economic ability to repay the interest even if he borrowed money from the victim in the form of a “losting” with a view to paying interest, such as borrowing money from the victim.
On July 15, 2007, the Defendant: (a) by deceiving the victim; (b) received cash of KRW 25 million from the victim; (c) from around July 15, 2007 to around August 16, 2010, the Defendant received delivery of KRW 225,850,000 in total through the same method and 37 times from that date; or (d) acquired it by remittance to the financial account under the name of the Defendant.
2. The criminal defendant against the victim E had already been liable for KRW 130 million at the time of borrowing money from the victim E as described in paragraph 1, and even if he/she borrowed money from the victim in the form of a "defensive interest" with a view to paying interest, he/she did not have an economic ability to repay the loan even if he/she borrowed money from the victim in the form of a "defensive interest".
Nevertheless, the Defendant made a false statement to the victim stating, “If he/she lends money, he/she shall pay the principal on a monthly basis, and if necessary, he/she shall return the principal at any time.” The Defendant received a total of KRW 46 million from the victim and acquired it by deception.
On February 2, 2009, the defendant found the victim's house in Eunpyeong-gu Seoul, Seoul, and obtained money from the victim's house to get money from the victim's house.