beta
Text
A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
1. Around July 2009, the criminal defendant against the victim B told the victim at the defendant's house located in Incheon Reinforcement-gun C, that "if the victim has a number of days of internal leave, he/she would give a high interest and principal by setting the number of days with money if he/she lends money."
However, at the time of fact, the Defendant, while working for the number of days, began to borrow money from the surrounding persons because the principal was not well recovered, and the Defendant was in the repayment of the existing debt with the borrowed money, so there was no intention or ability to repay the principal and interest even if he borrowed money from the victim.
Nevertheless, on July 28, 2009, the Defendant: (a) by deceiving the victim as above; (b) received KRW 4 million in cash from the victim as the borrowed money from around July 28, 2009; and (c) received a total of KRW 334.8 million over 119 times from that time until May 30, 201, as shown in the annexed List of Crimes (1).
2. Around 18:00 on June 20, 2010, the Defendant: (a) stated that “A victim’s house located in Bupyeong-gu, Bupyeong-gu, Incheon, Bupyeong-gu E apartment F shall be paid back to the victim prior to the end of each year if he/she lends money necessary for acquiring the remainder of the shares to the victim.”
However, in fact, the Defendant did not have the above shares, and even if he borrowed money from the victim, he was planned to use the same as the above Paragraph 1, and thus did not have the intent or ability to repay the borrowed money as agreed to by the victim.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the account in the name of G on the same day, and around August 7, 2010, KRW 5 million was transferred from the H Association account in the name of B to KRW 10 million.
3. On January 201, the Defendant, at the Defendant’s house located in Incheon Strengthening Military Co., Ltd., attempted to borrow money from the victim as “D, along with D” at the Defendant’s house located in Incheon Strengthening Military Co., Ltd.