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A defendant shall be punished by imprisonment for five years.
All of the applications for compensation of this case are dismissed.
Reasons
Punishment of the crime
[2017 Highest 3340 [Defendant] From around 2012, the Defendant: (a) operated a mobile phone store in Pyeongtaek-si from around 2012; (b) the lack of operating funds to borrow money from the surrounding people; and (c) at around around 2016, the Defendant was liable for debt amounting to approximately KRW 400 million; and (d) the Defendant was unable to borrow money, and (e) was against the victims of the private village, birth, and family relationship in the village, and the victims, even if the Defendant was to use the Defendant’s business funds to repay the Defendant’s debt in a so-called manner that it would prevent the victims from returning, notwithstanding that the Defendant was willing to use the Defendant’s business funds in a financial institution, the victims were able to obtain loans from the financial institution within three to four months on the face of so that the victims may receive the loans from the financial institution.
1. On May 2016, the Defendant made a false statement to the effect that “A victim C, who is a son with a private village, who does not live together, was allowed to obtain a bank loan under the name of four as the funds are needed for personal rehabilitation-related business, and would use the loan and repay all the principal and interest of the loan within four months.”
However, as seen earlier, the Defendant had a debt of approximately KRW 400 million at the time, and there was no intention to conduct a personal rehabilitation-related business, and there was no other specific income, and there was no intention or ability to repay the loan even if the Defendant received the loan using the victim’s name as above.
The Defendant received a victim’s identification card, cell phone, security card, etc. from the victim, and used it on June 24, 2016, and received a loan of KRW 2,000,000 in the name of the victim from the Hyacom Savings Bank, and then again, received the loan from the lending company in the name of the victim at least eight times in total, as shown in the attached list of crimes [3340] of the same day.