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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. On November 201, 2013, the Defendant: (a) lent 40 million won to the victim B of the “C” restaurant at the Yadong-dong Yadong-dong Yadong-dong Yanam-si, because the monthly net profit of each month exceeds KRW 6 million to KRW 8 million; and (b) the Defendant may fully repay the rent; and (c) on December 12, 2013, the Defendant repaid KRW 20 million and repaid KRW 20 million remaining until March 11, 2014; and (d) provided that, if he/she fails to repay the rent by the above deadline, he/she would preferentially repay the rent amount to KRW 90 million.”
However, at the time of fact, the Defendant should pay approximately KRW 7,70,000 per month for the principal and interest of KRW 350,000,000,000 for the Defendant’s obligation, such as repayment of principal and interest, and payment of fraternity deposits. On the other hand, the Defendant’s net income of the “C” restaurant operated by the Defendant is limited to KRW 3,00,000 per month, and the monthly rent of approximately KRW 6,60,00 for the restaurant was in arrears and the lease deposit remains rare, and there was no intention or ability to make a normal repayment even if the Defendant borrows money from the damaged person.
Nevertheless, on November 12, 2013, the Defendant, by deceiving the victim by the foregoing method, was transferred KRW 40 million to an account in the name of the Defendant (new bank, D) around November 12, 2013 from the victim.
2. On January 9, 2014, the Defendant made a false statement to the effect that the Defendant would pay KRW 30 million, including interest, to the said victim by March 11, 2014, at the F Station’s seat office located in Seongbuk-gu, Sungnam-si, the Defendant borrowed KRW 25,00,000,000,000, in total, from the F Station’s seat office located in Seongbuk-gu, Ma.
However, the defendant did not have the intention or ability to pay the full amount normally even if he borrowed the money from the injured party, such as the statement in Paragraph 1.
Nevertheless, the defendant deceivings the victim by the above method and then is the defendant around January 9, 2014.