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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. On November 2013, the Defendant made a false statement to the victim C’s office located in Seongbuk-gu Seoul, Seongbuk-gu, stating that “The Defendant would pay back money to the victim at an early date, if he/she purchased a child uniform he/she sold at the dumping, which he/she sold the child’s clothes, and sold at least two times the money.”
However, even if you purchase the clothing at a low level, there was a high possibility that a considerable amount of damage would occur, such as remaining in stock, and even if the defendant borrowed money from the victim because there was no particular property, there was no intention or ability to repay the borrowed money within a short period.
As such, the Defendant, by deceiving the victim, and deceiving him/her as such, to borrow from the victim on the pretext of the borrowed money, shall be KRW 10 million on November 6, 2013, and the same month.
7. received a remittance of KRW 320,020,000 in total, including KRW 1,1520,000 and KRW 1,050,000 on the 16th of the same month.
2. When the Defendant borrowed money without the ability to perform as above and received a demand for reimbursement from C due to failure to repay it, the Defendant: (a) made a letter of delegation on the preparation of a promissory note and a notarial deed against his will by deceiving D on the basis of the fact that the Defendant, who owns a multi-household house, was in a situation close to the Dop, as the age of 85 years old; and (b) made a letter of delegation on the preparation of a notarial deed against his will; and (c) committed the act as if the completion was made genuine, he had the said Dop
Around April 1, 2014, the Defendant presented a promissory note and a proxy form to D without informing D of the meaning of the promissory note and the power of attorney at the residence of the foregoing D, which is located in Dobong-gu Seoul Metropolitan Government E, and without informing D of the meaning of the document, provided that D shall have D enter its name in the column of delegation of the issuer of the promissory note and the power of attorney and affix his seal thereto, and then “C” in the blank of the addressee.