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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 2002, the Defendant was unable to repay a debt owed to a financial institution, thereby becoming bad credit holders, and the Defendant was obliged to repay his/her personal debt, such as bonds, after he/she became bad credit holders. In the absence of any particular capital, the Defendant operated D’s loan of KRW 10 million and corporate bonds of KRW 20 million from July 9, 2010, along with C, with D from July 201, but due to the shortage of capital, the Defendant was in the situation of closing down the said lending business on December 6, 2010, and thus, he/she did not have any intent or ability to repay even if he/she borrowed money from others.
Around January 21, 2011, the Defendant committed a crime against the victim E with a false statement in the “G” restaurant operated by the victim E in Gangnam-si, Gangnam-si, stating that “If he/she lends money to another person, he/she would lend the money again and increase the interest of the party.” The principal shall be repaid.
However, the fact is that the defendant has to pay his personal debts, such as the above-mentioned contents, and there was no intention or ability to pay the interest properly, and even if he borrowed money from others, there was no intention or ability to pay the interest.
As such, the Defendant, by deceiving the victim as such, received 3 million won from the victim as the borrowed money on the same day from the victim, and received a total of 2,5.6 million won from that time to April 26, 201 in the same way as indicated in the attached Table of Crimes (1), as shown in the attached Table of Crimes (1).
B. On December 28, 2010, the Defendant committed the crime against the victim H made a false statement in the “G” restaurant with the victim H working in Gangseo-si, Gangnam-si, stating that “If he/she lends money, he/she would lend the money again to another person and increase the interest of the party.” The principal shall be repaid.
However, the defendant should pay interest properly because he/she is under the circumstances that he/she should return his/her personal debt, such as the foregoing.