Text
Defendant
A shall be punished by imprisonment with prison labor for a period of two and half years, and by imprisonment for a period of six months.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
"2018 Highest 1347"
1. The Defendant’s fraud against Defendant A’s victim C at E’s home located in Nam-gu, Nam-gu, Gwangju around July 28, 2016, to the victim C with a maturity of eight (8) months from the need for the payment of money.
The term “the lending of money” was called as “the lending of money.”
However, the Defendant had no income at the time, while the Defendant had already been liable to pay KRW 200 million to the bond company, etc., on the other hand, he had been using most of the income due to a large amount of personal debt borrowed between several years, and was expected to pay interest and principal, and most of the borrowed money, which is expected to be borrowed from the injured party, was expected to be used for the repayment of the existing debt (the so-called so-called “return prevention”), and as such, the Defendant did not have any intent or ability to pay the given money even if he borrowed the foregoing money from the injured party due to the failure to pay the transferred money properly.
Defendant deceiving the victim as above and received 2.8 million won from the victim under the name of F bank account (Account Number: H) in the name of the Defendant’s South-North East-dong, as the borrowed money from the victim, and received 30 times from the victim through the same method until July 16, 2017, and acquired 6,965 million won in total from the victim by delivering 30 times from the victim as shown in Annex I of the List of Crimes in the same manner.
2. On July 12, 2014, Defendant A’s fraud against Defendant A’s victim I calls the victim I to the victim I, and “In the event that he/she lends money with the consideration of the loan after obtaining the consideration of the internal loan, the principal shall be repaid after one year, and the interest during that period shall be paid at the same time.
In addition, 50,000 won per month will be paid as honorariums.
“.....”
However, in fact, the defendant did not properly manage the house at the time and did not have any particular income, while the defendant has already been liable for the debt amounting to 40 million won or more from the bond company, and it is also a large amount of personal debt borrowed between several years.