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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On September 201, 201, the Defendant: (a) was a person engaged in landscaping business with the trade name of C; and (b) was performing construction works for F-Leterererererererer Services E in the window E of Changwon-si, resulting in lack of business funds, such as personnel expenses, etc., which would be paid to his/her father while executing construction works for F-Lererer Services; and (c) was able to borrow money from the victim H who operates G
The Defendant loaned money to D, “I will lend the principal and interest if I will use the money for construction work, such as personnel expenses, by lending KRW 10 million from H, and receive the payment after the completion of the construction work,” from G office located in the counter I of Chang-si, Chang-si, on September 15:00, 201, and D delivered the Defendant’s horse to H as it is, at the G office located in the counter I of Chang-si, Chang-si, Seoul, around September 15:00.
However, in fact, the Defendant paid KRW 2 million monthly interest on the debt 45 million that was not repaid at the time, while the Defendant did not have any property owned by KRW 2 million other than monthly income, and thus, it is difficult to raise funds for living expenses. Therefore, even if he borrowed money from the victim through D, he did not have any intention or ability to pay it later than 2 weeks.
As above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the bank account in the name of Gyeongnam bank (J) on September 7, 2011.
2. Around June 11, 2012, the Defendant told the victim H at the above G office that “it is necessary to pay expenses of two million won or less in connection with the construction work which does not have any marin,” and that it shall be paid immediately within the scope of the loan.”
However, in fact, the Defendant did not have any intent or ability to repay the debt in a short period, even if he/she borrowed money from the victim, since the Defendant had been in excess of the debt 45 million won at the time.
As above, the Defendant, by deceiving the victim, received KRW 2 million from the victim to the bank account in the above D name on June 11, 2012.
3. The Defendant on June 2012