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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On February 8, 2013, the Defendant, against the victim D, made a false statement to the victim D, stating that “If he/she lends money, he/she will pay the interest on the second part of the month and repay the principal without fail.”
However, the defendant did not have any intention or ability to repay the debt amounting to KRW 650,00,000, KRW 50,000, KRW 500,000, and KRW 500,000, and KRW 500,00,000 from the beneficiary at the time, due to the circumstance that the defendant had been liable for the debt amounting to KRW 650,00,00 or more from the beneficiary.
As such, the Defendant, by deceiving the victim, received KRW 9,800,000 from the victim’s account under the name of the Defendant for the purpose of borrowing money, and received KRW 69,100,000 in total from the above date to April 23, 2015, as shown in the attached Table of Crimes List (1), from the above date and time to April 23, 2015.
2. Around October 5, 2012, the Defendant against the victim E made a false statement to the victim E in the G General Law Firm Office located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, stating that “If 20,000,000 won is required to return to the tenants, 18% interest per annum shall be paid and repaid after one year.”
However, as above, the Defendant did not have any intent or ability to repay even if he/she borrowed money from the victim due to the circumstance that he/she was liable to pay approximately KRW 650,000,000.
As such, the Defendant, by deceiving the victim, was given KRW 20,000 to the Agricultural Cooperative Account in the name of the Defendant for the purpose of borrowing money from the victim.
3. On December 31, 2010, the criminal defendant against the victim H made a false statement to the victim H by the “J” located in the Gangseo-gu Seoul Metropolitan Government I market, stating that the victim H “if it is difficult to use the foreign amount as a fee, it would be difficult to use it, and if it lends KRW 20,000,000, it would pay the interest on the second part of the month, and the principal would be repaid.”
However, the facts are about 650,000.