beta
Text
A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
1. [Attachment 1] The Defendant’s “E” operated by the victim D (State) in Busan Metropolitan City around January 28, 2015, the Defendant would allow the victim to perform construction works for the logistics center in the Gyeongbuk-gun F, the Plaintiff to lend KRW 1.5 million to the victim, and may commence construction works on March 1, 2015 within three months of the permission, and the principal will be paid in full by July 31, 2015, and if the Defendant fails to pay by July 31, 2015, it would pay KRW 300 million.
“.....”
However, in fact, when the Defendant was able to repay the debt through so-called repayment through such means as making up for the amount of personal debt and the amount of the secured loan of land KRW 2 billion, the Defendant did not have any way to pay the purchase price of the above F land and did not have any way to complete the construction of the above logistics center. It was thought that the Defendant did not receive money from the injured party and did not have any intent or ability to pay the borrowed money to the injured party.
The Defendant, as such, by deceiving the victim, received KRW 50 million from the victim on January 29, 2015, and KRW 100 million around February 11, 2015, respectively, from the Saemaul Treasury Account in the name of the Defendant.
2. [Attachment 2] On November 25, 2015, the Defendant: (a) called the victim on the phone to pay to the victim KRW 150,000,000,000,000,000,000,000,000,000.
“.....”
However, in fact, even if the Defendant borrowed additional money from the injured party through so-called return prevention, there was no way to pay the balance of the FF land purchase amounting to KRW 1.9 billion. However, the Defendant did not intend to receive money from the injured party and to use it first for personal debt repayment, etc., and did not have the intent or ability to repay the borrowed money to the injured party.
The defendant deceivings the victim as such, and is also against the victim.