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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[2016 Highest 2109] On April 25, 2014, the Defendant stated that “If he/she lends KRW 10 million to the victim I, he/she shall be paid the interest of KRW 300,000 per month and shall be paid the principal after one year.”
However, the Defendant owned the said H building 201 (transaction value: 132,500,000 won on the register), but had established a collateral security equivalent to the maximum debt amount of KRW 113,100,000 with respect to Hyundai Capital Capital Co., Ltd., and had been urged to the financing shortage, such as having borne the debt equivalent to KRW 300,000,000, such as card payments and loans, and thus, there was no intention or ability to repay the said amount even if receiving the money from the victim.
As above, the Defendant: (a) by deceiving the victim and received KRW 10 million from the victim’s account in the name of the Defendant on the same day; and (b) from around that time to January 5, 2016, by deceiving the victim three times in total, including the statement in the list of crimes in attached Table 1, and received KRW 25 million in total.
[2016 Highest 3095] On June 1, 2011, the Defendant made a false statement to the victim J that “The Defendant borrowed money because there are three houses in the name of Ulsan-gu and the interest on the loan of money.”
However, in fact, although the Defendant owned 1 bonds, there was no property value at all due to the establishment of a financial institution’s collateral security, and the payment of approximately KRW 100 million to many creditors was insufficient due to the fact that the credit card price was in arrears and KRW 40 million, which was paid to them as an insurance solicitor, was insufficient to repay the existing debt. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay it.
The defendant deceivings the victim as such, and is a deposit account in the name of a national bank in the name of the defendant on the same day as the loan money from the victim.