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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
Defendant, while serving as a certified judicial scrivener office staff, has been performing duties such as personal rehabilitation and bankruptcy.
In addition to monthly income of approximately 500-70 million won, in the absence of any property or income, the principal and interest on bonds of the above C, etc. were paid out of money from the bond company C, etc. in a way that the monthly income alone cannot be paid, and the principal and interest on bonds of the above C, etc. were paid out by lending money from the above C, etc., and the principal and interest on bonds of the above C, etc. was about KRW 250 million, and thus, it was no longer able to repay debts in the above way. As the above method, there was an intention to lend money from other persons to pay the existing debts.
On November 25, 2014, the Defendant made a false statement to the effect that “The Defendant would repay the principal and interest after three (3) days from the loan of money to the victim D by putting a phone call to the victim D.”
However, even if the Defendant borrowed money from the injured party, the Defendant did not have any idea to release the seizure of the said money. As such, the Defendant was willing to repay the existing debt owed to other creditors, such as C, and to pay the principal and interest to the injured party again, so even if he borrowed money from the injured party, there was no intention or ability to repay the money in full.
After all, the Defendant received 18 million won from the Saemaul Treasury Account (E) in the name of the Defendant under the name of the Defendant as the borrowed money from the injured party on the same day, thereby deceiving the victim and receiving property.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. A trading statement;
1. A copy of the record (the defendant and his defense counsel borrowed KRW 1,465,00 from May 14, 2014 to December 2, 2014 from the injured party and repaid KRW 1,465,545,00 to the injured party.