beta
Text
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
From January 2010, the Defendant, “2017 Highest 4404,” worked as the branch office B from around January 201 to raise the result of attracting assets of a branch office from a financial institution and an individual, etc., and repaid the debt incurred in this process to another financial institution and an individual, etc. with the money borrowed from the other financial institution and the individual, etc., and the debt was rapidly increased from around 2015 to bear the debt of 50 million won and the interest expense of 300,000 won or more per month.
1. On January 25, 2016, the criminal defendant against the victim C made a false statement to the victim C, stating that “The defendant would make a repayment within 10 days on a loan of KRW 30,000,000 in an urgent need for the payment of money.”
However, the facts are that the defendant has to pay 50 million won or more obligations and interest thereon, and the defendant has to pay 300,000 won or more each month, so even if he borrows money from others, he did not have any intention or ability to pay it.
The defendant deceivings the victim as above and transferred 30,000,000 won to the defendant's account as the borrowed money on January 25, 2016 from the victim.
2. On November 17, 2016, the Defendant made a false statement to the victim MSA lending company that “The Defendant would pay the loan on the condition that the Defendant would pay interest at the rate of 27.9% per annum from November 17, 2016 to November 17, 2021 on the loan of money by phone call to the victim MSA lending counselor.”
However, the fact was that the Defendant had to pay more than KRW 50 million and interest thereon, and the Defendant had to pay more than KRW 300,000 per month. On November 17, 2016, the Defendant did not have any intent or ability to pay money even if he borrowed money from others, because he received money exceeding KRW 120,000 from five financial institutions located in five places only on November 17, 2016.
As above, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 10,000,000 to the Defendant’s account as the borrowed money on November 17, 2016 from the damaged party.
The defendant of "2017 Highest 4906" shall be around November 16, 2016.