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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant operated the “E” in Young-gu, Young-gu, Suwon-si, and did not have a good business performance from around September 2006, and did not pay the employee’s benefits. The Defendant was obligated to pay approximately KRW 30 million loans and approximately KRW 15 million bonds with no tax payment. Therefore, even if the Defendant borrowed money from the victim F, he did not have the intent or ability to pay the full amount.
1. On July 26, 2007, the Defendant, at the above E office, told the victim to “be paid within two months if he/she borrowed 10 million won or more to cover the operating expenses of the company,” and he/she acquired money by transfer from the victim to the Defendant’s agricultural bank account under the pretext of borrowing KRW 10 million.
2. On October 1, 2007, the Defendant, at the above E office, told the victim that “I will pay back within ten months if I borrowed money with a card loan that is urgently needed for the company’s operation,” and received money from the victim under the pretext of borrowing 4,410,000 won from the Defendant’s agricultural bank account by deducting KRW 90,000 from the pre-paid interest after having the victim obtain a loan from the Samsung Card.
3. On January 25, 2008, the Defendant made a false statement to the victim at the Eunpyeong-gu Seoul Metropolitan City 1-24 office that “Around January 25, 2008, the Defendant shall lend KRW 4 million to the victim from the traffic of the dlimb, Co., Ltd., Ltd., within the agreed-term period after borrowing money from the dlimb, Inc., and having the victim make a joint and several surety, and then the Defendant made the victim pay for the principal and interest of the above loan KRW 4,243,170 on October 16, 2009, thereby making the victim pay for the principal and interest of the loan, KRW 4,243,170.
4. On December 31, 2008, the Defendant: “Around December 31, 2008, the company’s operating fund is urgently required, and if an apartment is leased KRW 30 million as security, it shall be repaid within several days, and the company will transfer 30 million shares of the company.”
However, the facts are as above.