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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
The Defendant, with the trade name of “B”, was aware that the victim C (L, 42 years old) who had a relationship with “B” was in a relationship with “B,” and was able to borrow money from the victim, even if he/she borrowed money, such as he/she was in a relationship with “B”, he/she did not have any problem in paying the money, and he/she did not borrow money from the victim by iceizing the premium, etc. for commercial buildings.
Around October 2016 to November 2016, the Defendant: (a) in the Jung-gu Seoul Metropolitan Government D shopping district, “YYYYYYYYYYYYYYYYYYYYYYY ACT ACTSYYYYYYY ACT. The other shopping districts will be well aware of funeral services; (b) there are many people who wish to enter this D shopping district; (c) as premium, KRW 300 million is required to move into the D shopping district; and (d) if you lend money, a funeral may be provided with money for several months. There is no money; (b) there is a lot of money in a large company while running the main business. At this time, there is a lot of money in a transaction with the large company. It would be used as the premium, and it would be said that money would be paid back later, and there would be no damage. When funeral service is well doing so, it is demanded to lend money for use as the premium for the commercial building.”
However, even if the Defendant borrowed money from the victim, the Defendant did not intend to use it as the goodwill premium for commercial buildings, and there was no intention or ability to repay the borrowed money due to the lack of business funds at the time.
Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 300 million, including KRW 10 million on November 10, 2016, KRW 100 million on November 11, 2016, and KRW 100 million on November 14, 2016, from the SC bank account in the name of the Defendant.
After that, even though the defendant did not have the intent or ability to repay as above, the defendant extended money to the victim more than KRW 200 million because he could promptly enter the premium because there are too many people who want to enter the family," around December 2016 and around April 2017.