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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[2013 Highest 405]
1. Around February 2009, the Defendant made a false statement to the victim C, stating, “The Defendant would pay interest on a loan of KRW 10 million to the victim C.”
However, the Defendant was not able to pay a fine for negligence of KRW 43 million imposed by the violation of the Building Act at the time. Since the Defendant had previously purchased a house from the victim and was unable to repay the remainder of KRW 10 million with the victim’s payment, the Defendant did not have the intent and ability to repay the loan even if she borrowed money from the victim.
Nevertheless, the victim received KRW 10 million from the victim as a loan.
2. On June 7, 2010, the Defendant made a false statement to the victim C, stating, “I will use only one month if I will lend 30 million won to the mother and mother of the business fund, and will give 3 million won, a 10-year interest amount.”
However, at the time, the Defendant was liable for the amount equivalent to KRW 100 million to D, and around May 3, 2010, the Defendant borrowed KRW 230 million from the Kmpo Credit Cooperative with the debt equivalent to the amount of the previous loan loan, and the victim was also liable for the debt amounting to KRW 20 million. Therefore, even if the victim borrowed the above money, there was no intention or ability to repay the loan even if he borrowed the money.
Nevertheless, it was issued 30 million won to the injured party on the temporary basis.
As such, the Defendant received a total of KRW 40 million from the victim on two occasions, and acquired it by fraud.
[2013 Highest 1469] On October 11, 2010, the Defendant borrowed money from the “F” office operated by the Defendant in Gyeyang-gu Incheon Metropolitan City, to the “F” office, which is operated by the Defendant, as an employee of Gyeyang-gu, as collateral for the amount of the Vietnam-style cruise car purchased under the name of the Defendant G, an employee, from H on February 2, 2008, and borrowed money from the “F million won” in the face amount of the promissory note possessed by the said H at will from the time of the injured party’