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A defendant shall be punished by imprisonment for one year.
An application for remedy by an applicant for remedy shall be dismissed.
Reasons
Punishment of the crime
1. On July 2017, the Defendant, in relation to the victim B, made a false statement to the victim B, at the house of the private village of the victim B, who is the neighboring party of the Defendant located in Busan, Busan, Jin-gu, Busan, that the Defendant borrowed money to the victim with five (5) interest per month at present, and there is no 30,000,000 interest. If the Defendant borrowed KRW 30,000,000, then the Defendant would have repaid the principal after two (2) years.
However, at the time, the Defendant had already been liable for the debt owed to the bond company, etc. in KRW 70,000,000, and had no property, and had no income from the operation of the street and had no ability to repay it, so-called repayment of the debt was made in the form of return due to the lack of ability to repay it. Therefore, the Defendant did not have any intent or ability to repay the debt even if
As above, around July 20, 2017, the Defendant, by deceiving the victim as above, received KRW 10,000,000 from the Defendant’s D account (Account Number E) around July 20, 2017 as a loan from the victim, and received from that time a total of KRW 55,00,000 through the above five times in the same manner as shown in the attached Table 1 from May 18, 2018.
2. On November 2018, the criminal defendant against the victim F made a false call to the victim F, who called the victim F, and then caused the accident to the victim F, and without agreement with the victim, the victim would be bound by the right to be detained. If the victim borrowed KRW 20,00,000 to be used as the agreed money, the defendant would make a monthly interest and make a repayment within one year.
However, as stated in Paragraph 1, the Defendant only planned to use the money received from the victim as debt repayment, etc. to other creditors, but did not require the agreement due to the absence of any other assets or incomes, and even if the said money is borrowed from the victim due to the absence of any other assets or incomes, the Defendant is willing to pay the said money.