Text
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
"2015 High 563"
1. On February 2, 2013, the Defendant stated that “The victim E will pay full face value of the credit and the credit in the name of the party, and pay the credit amount to the victim E by dividing the credit amount into one half of the face value.”
However, in fact, the Defendant was a bad credit holder at the time, and a large number of creditors was accumulated a debt of 50 million won or more, and the Defendant only maintained his livelihood as an insurance sales board, but did not have any particular property or income, and even if the Defendant joined the system under the name of the victim, the Defendant did not have any intent or ability to pay the credit money to the victim or to divide the amount
Nevertheless, the Defendant had the victim subscribe to the guidance under the name of the victim, and the Defendant paid only twice the guidance money, and around March 20, 2013, when 8.9 million won of the time money was paid under the victim’s name, the Defendant acquired the said time money from the victim by deceiving the victim by deceiving him/her by receiving the passbook and seal of the victim’s name, and transfer 5.5 million won of the said time money from the victim to the account under his/her own name, and using one million won after cash withdrawal.
2. On May 2013, 2013, the Defendant: (a) was able to pay the victim’s debt from the Gangnam-gu Seoul “D D D D D D”) located in Nam-gu, Nam-gu, Seoul; and (b) said, “I am to lend 3 million won to F.”
However, in fact, the defendant only maintains his livelihood like the statement in paragraph 1 and did not have any intention or ability to repay to the victim because there was no particular property or income.
Nevertheless, the defendant got the victim to borrow 2.7 million won after deducting the prior interest from F, and acquired it by receiving the delivery from the victim.
The Defendant borrowed 19.1 million won from the victim E (71 years of age) on four occasions from March 28, 2008 to March 20, 2013, the Defendant of 2015 [2015 High 633] from March 28, 2008 and borrowed 19.1 million won or more from the victim E (71 years of age) but could not change the above, and thus, is obliged to pay 50 million won or more