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A defendant shall be punished by imprisonment for seven months.
Reasons
Punishment of the crime
The Defendant, from around 1999 to 2010, was operating a production factory of extreme products in Seoul, while moving the factory to Incheon around January 201, the Defendant was a person who produced and sold extreme products from “D” located in Seo-gu Incheon, Seo-gu, Incheon.
1. On July 3, 2012, the Defendant concluded that “A victim E shall pay interest of 1% per month if he/she lends KRW 30 million to the victim E in order to use it as a business fund, and he/she shall complete the payment on November 3, 2012, which is four months after the date.”
However, at the time, the Defendant was liable for the debt incurred, including the loan due to the relocation of the factory, and the interest amounting to KRW 600 to KRW 8 million per month was paid. The Defendant was not liable for the payment of value-added tax, and there was a difficulty in the management of the factory due to the seizure of the factory building and the delinquency in paying wages to the employees working in the above factory. Therefore, even if the Defendant borrowed KRW 30 million from the victim, the Defendant did not have any intention or ability to pay it as agreed.
Nevertheless, the Defendant, as such, received 30 million won from the victim’s place of residence by false statements.
2. On November 4, 2012, the Defendant received demand from the said victim to repay the money as described in the foregoing paragraph (1) in the vicinity of Incheon, stating that “If the Defendant additionally lent KRW 50 million to the victim, 1.5% per month for the first four months, and 1% per month for the subsequent four months, 30 million interest shall be paid, and the sum of KRW 80 million shall be repaid in total, prior to November 30, 2013.”
However, in fact, since the defendant was liable for the above liability due to the relocation cost of the factory, etc., and the operation of the factory was not in arrears due to the payment of interest, etc., even if he borrowed money from the victim, he did not have any intention or ability to complete the payment.