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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On June 2010, the Defendant stated to the effect that “A victim C operates a company now D” in the mutual infinite coffee shop near the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Seocho-gu, stating that “I will pay 3 million won only if I borrowed the company for the operation of the above company.”
However, the Defendant’s financial status was difficult to cover operating expenses, and the Defendant was also in arrears with a tax amounting to KRW 33 million due to bad credit standing. However, the Defendant is also liable for a debt amounting to KRW 10 million, while there was no particular property or profit. Therefore, even if the Defendant borrowed money from the victim, there was no intent or ability to repay the borrowed money as agreed.
As above, the Defendant, by deceiving the victim as above, received KRW 29,029,00 from the victim on June 26, 2010 and received KRW 3 million from the victim to October 28, 2010, and acquired KRW 29,029,000 in total on 14 occasions as shown in the crime list from that to that of October 28, 2010.
2. On September 15, 2010, the Defendant: (a) at the place specified in paragraph (1) around September 15, 2010, the Defendant stated to the victim that “it is necessary to pay KRW 50,000,000 to the part of the Korea Energy World War at the first floor of Samsung-dong, which is located in Samsung-dong. To lend money, the Defendant would use it to participate in the Korea Energy World War; (b) establish an energy-related company and pay KRW 30% of the company’s shares to the company; and (c) borrowed money to the end of December 2010, including interest KRW 20,000. In relation to the construction of the Macheon Civil Center, the construction work will pay the profits of the Corporation as it ends on or after the end of December 2010.”
However, at the time, the Defendant is in arrears with a tax amounting to approximately KRW 33 million due to bad credit standing, while the Defendant bears a tax amounting to KRW 10 million, on the other hand, property or profits.