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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant had operated the petroleum products sales chain Co., Ltd. in Chungcheongnam-si and had no intent or ability to complete payment, even if he borrowed money from others, because the Defendant has a difficulty in managing the company's house, site and the Defendant's house in the amount of debt equivalent to KRW 2.4 billion, including the money borrowed from the company due to business depression and borrowed from the bank.
Nevertheless, on December 28, 2012, the Defendant made a false statement to the effect that “If he/she lends money to be used as company operation funds, he/she shall pay interest at the rate of 2% per month to the victim E”, and that he/she shall pay it after six months.
Accordingly, the Defendant, by deceiving the victim as such, obtained a total of KRW 200 million from the victim, namely, from the victim, to the lender as a loan, and obtained a total of KRW 300 million from November 7, 2013, respectively.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police for E;
1. A copy of the details of deposit and withdrawal transactions (A) and the certificate of deposit transactions (A);
1. A copy of a credit information inquiry sheet (A) and (D) of the financial status [the defendant and his defense counsel lent money to the injured party on the future of the business at the time, and the defendant used all the money borrowed from the injured party as a business fund so that he did not deceive the defendant. However, according to the evidence duly adopted and examined by the court, the defendant temporarily borrowed money from the injured party for a short period without notifying the financial status of the company at the time of borrowing money from the injured party, and even if the injured party borrowed money in return for the future of the defendant's business, it is only one factor to determine the defendant's ability to repay the money from the point of lending the money, and it is merely only one factor to determine the defendant's ability to repay the money in the future. Thus, it is not a loan to the defendant's ability to repay the money.