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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
From September 17, 2012, the Defendant became aware of the victim E while completing the highest graduate school course at D University management graduate school as a person who operated C fishery partnership corporations established for the purpose of manufacturing, processing, selling, etc. of B in Chang-gun, Jeollabuk-do.
Around December 10, 2017, the Defendant shows a fishery right (license number: F) under the name of the Defendant to the victim at a coffee shop located in Yaeong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City on the 14th day of December, 2017, and offered a fishery right as security by preparing a notarial deed for a monetary loan contract at H office located in Jin-gu, Seoul Special Metropolitan City, by providing that “The fishery right shall be provided as security for KRW 100,000,000 per month with the principal repaid after one year.” If the Defendant fails to pay, the fishery right shall be provided as security. The fishery right may be provided as at least KRW 10,000.”
However, in fact, the Defendant had no particular property at the time and was thought to use the Defendant’s personal debt repayment and living expenses, etc. due to economic difficulties, including the amount equivalent to KRW 1.329,270,000,000,000,000 from the victim. The collateral value of the above fishery right was limited to KRW 50,000,000,000,000,000,000,000 won as the creditor of the International Association around January 29, 2016, and the said fishery right was already established as a collateral of KRW 65,00,000,000 with the victim’s exercise of the security right, and there was no intent or ability for
Nevertheless, on December 21, 2017, the Defendant, by deceiving the victim as such, obtained KRW 100 million through the corporate bank J account in the name of the Defendant from the victim as the borrowed money.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement of witness E in the second protocol of the trial;
1. The defendant;