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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. Fraud against the victim C;
A. The Defendant called the victim C, who is the branch in the Buddhist land in October 2015, to lend money to the victim “to be urgently needed for the operation of the restaurant. The Defendant will pay the money among the members.
“A false statement was made to the effect that it was “.”
However, at the time, the Defendant had been in excess of the total debt amounting to KRW 150,00,000,000, such as personal debts and loans received from a liquor company. Since August 2014, the Defendant continued to operate a restaurant and had no specific profits, there was no intention or ability to repay even if he/she borrowed money from the injured party.
Around October 23, 2015, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 5,500,000 to the credit union account in the name of the victim used by the Defendant as the loan borrowed money from the injured party.
B. In November 2015, the Defendant called the victim C and lent the loan to the victim in the name of the victim, “If the cost of opening the newly open restaurant is required, the Defendant will repay the loan every month in the name of thener.
“A false statement was made to the effect that it was “.”
However, in fact, the Defendant did not have any intent or ability to repay the loan in accordance with the agreement, since the Defendant exceeded the obligation with no particular profits as stated in the above paragraph (a).
Around November 4, 2015, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 3,1750,000 to the account in the name of Gwangju Bank in the name of the victim used by the Defendant under the name of the victim as the borrowed money.
2. On September 2015, the Defendant against the victim D would recover the principal after three months of the investment in the host of the E, a partner E, and raise the amount of the investment 3-5 times the amount of the investment.
“At around September 21, 2015, the victim made the victim remittance of KRW 100 million to E’s account under the name of the main investment in operations.
The Defendant shall recover the investment from the injured party from June 2016.