beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On April 1, 2011, the Defendant stated that, around April 1, 2011, at the office operated by the victim C in Geumcheon-gu Seoul Metropolitan Government, the Defendant would recover the said promissory note by repaying the said money before May 31, 201, the date when the payment was made, the payment was made.
However, the Defendant borrowed the said promissory note from D, not as the price for goods, and around March 31, 201, the current account transaction of X-ethyl, Inc., the issuer of the said promissory note was suspended. The Defendant did not have any particular revenue or property at the time, and was subject to personal bankruptcy and immunity on or before December 2008. As such, even if the said promissory note was paid by the victim, the Defendant paid the said discount to the victim prior to May 31, 201, the date when the payment was made, and did not have any intent or ability to recover the said note from the victim.
As such, the Defendant, by deceiving the victim, issued one promissory note on the same day to the victim, and remitted KRW 29,000,000 from the victim to the bank account in the name of the Defendant’s management Co., Ltd. for the said discount.
2. On September 26, 2013, the defrauded stated to the effect that, around September 26, 2013, the Defendant loaned KRW 20,00,000 to the victim’s office located in Geumcheon-gu Seoul Metropolitan Government, “If the victim lends KRW 20,00,000 to be used for the construction project of the Vietnam Transport Information System, the Defendant will repay the victim on October 1, 2013, five days after the date.”
However, in fact, the defendant paid about 90,000,000 won with personal debt at the time, and was thought to use the above money as debt repayment and living expenses, etc. from the victim, but did not have the intent or ability to repay it to the victim.
The defendant deceivings the victim as such and transfers 20,000,000 won from the victim to the Nonghyup Bank account under the name of the defendant.