Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[2013Gohap94] The Defendant was a person who lent the name of D judicial scrivener from January 2009 to May 10, 2010, and applied for auction from the second floor of the Namdong-gu Incheon Metropolitan City to set up a collateral security.
Around May 19, 2009, the Defendant received KRW 2,538,336,376 in total 55 times from around 2010 to around March 23, 2010, including that the Defendant received KRW 13,520,000 from the victim under the victim’s residence in Gangnam-gu Seoul E apartment 104,30,000,000 from May 28, 2009, that the Defendant wired the victim with KRW 13,520,00 as principal and interest repayment around May 28, 200, as well as that the Defendant remitted to the victim a total amount of KRW 13,520,00 in trust with the victim during the period from May 28, 2009 to April 5, 2010.
After that, on April 2010, there was a false statement to the effect that "the victim will pay 30% of the profit within one week from the lender of the money because he/she had to get to get to get to get to get to get to get to get to get to get to get to get to get to get to the victim."
However, the defendant did not have any special property at the time, and even if he borrowed money from the victim, he did not have the intent or ability to pay 30% profit and the borrowed principal, and even if he borrowed money from the victim, he did not intend to pay profit by using it in auction, etc., but used it for personnel expenses, office operating expenses, personal debt repayment, etc.
Ultimately, the Defendant deceiving the victim as above and received KRW 53,600,000 from the victim as the borrowed money on April 2, 2010, as well as from around that time to the 30th day of the same month, 6 times in total as shown in the crime sight table 1.