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A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On March 23, 2015, the criminal defendant against the victim B told the victim B (the victim 72 years of age) to lend KRW 2 million to the victim B (the victim 72 years of age) at the D food store located in Jeju-si C.
However, at the time, the Defendant continued to be in the interest of the enemy, and the financial institution was liable for a debt of KRW 75.4 million, and the bonds also have the amount equivalent to KRW 40 million, and thus, the Defendant was unable to repay the debt with the so-called “lost” method even if he borrowed money from the above victim, he could not repay the money without borrowing the money from the other party. Therefore, the Defendant did not have any intent or ability to actually repay the money to the victim.
As above, the Defendant: (a) by deceiving the said victim; (b) received KRW 2 million in cash from the said victim on or around March 23, 2015; and (c) received KRW 4,60,000,000 from around that time to July 27, 2016 in total on six occasions, as described in attached Table 1, from around that time.
2. On April 6, 2015, the criminal defendant against the victim E stated, “The victim shall be paid with credit cards if he/she borrowed the money, and shall be paid with the land immediately if he/she sold the money.”
However, the Defendant made a false statement that the Defendant got divorced from the Defendant’s wife, and the Defendant continued to operate the Defendant at the time. The Defendant had a debt equivalent to KRW 75,40,000,000 from financial institutions, and even if the Defendant borrowed money from the said victim, such as repayment of debt by so-called “losting” method, it is impossible to repay the money without borrowing the money from another person, and thus, there was no intention or ability to actually repay the money to the said victim.
As above, the defendant deceivings the above victim, and is deceiving it from the above victim on April 2015.