beta
Text
A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
[2019 Highest 108] The Defendant was a post-workplace relationship between the victim B and C.
1. On March 31, 2017, the Defendant made a false statement to the effect that, by telephone around March 2017, the Defendant would pay the victim any balance for the sale of D hotel rooms, “if the payment is made, it would be made after one year if he/she lends 70,000,000 won to the victim because he/she did not make any balance due to the consolidation of money.”
However, the Defendant borrowed money from the victim to use the deposit money for apartment houses and multi-household houses in the place where the Plaintiff returned the deposit money to the lender or used it for the cost of living, such as hospital expenses, etc. on or around 2015 and borrowed money from the lending company at a high interest rate of KRW 700 million in return for the loan to other lending companies. There was a circumstance that the Defendant would have to bear KRW 4,000,000 through KRW 5,000 in return for the loan interest in one month. Thus, even if the Defendant borrowed money from the victim, he did not have any intention or ability to use it in the balance of sales in the hotel D hotel rooms or make a full payment after one year.
Around March 31, 2017, the Defendant, by deceiving the victim as above, received 67,513,430 won from the victim, deducting the interest of 2,50,000 won from the account under the name of the Defendant E under the pretext of the loan.
2. On August 9, 2017, the Defendant made a false statement to the effect that “If the Defendant borrowed KRW 10,000,000 as the lessee of the building owned by the Defendant and the lessee of the building leased KRW 10,000,00,000, since the contract was terminated, he/she would repay the money to the victim by September 2017.”
However, as described in the preceding paragraph, the Defendant received a loan from a lending company at a high interest rate in around 2015 and borrowed money to other lending companies, and the Defendant was liable for KRW 4,000,000 to KRW 5,000,000 on a monthly basis, with a loan interest of KRW 33,00,000,000 on July 1, 2017, and there was no intention or ability to repay the loan to E even if he/she borrowed money from the victim until September 2017.
The Defendant is as above.