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A defendant shall be punished by imprisonment for not less than eight months.
All applications filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
The defendant of "2013 Highest 1119" is a person who operated a clothing agency from around 2006 and discontinued his/her business due to business deterioration around 2010, and worked as an employee at the former E's clothing agency during the period from May 2010 to May 2012 operated by the victim C from May 2010 to May 2012.
1. On November 30, 2010, the Defendant: (a) around November 30, 2010, borrowed money: (b) stated, “Around November 30, 2010, the Defendant borrowed money to the victim, “I would have immediately needed the money; (c) would, within one week, repaid the money to the bank; (d) currently applying for a loan of KRW 50 million,000,000 to the bank; and (e) the said money would be repaid to the said money within one week.”
However, the facts are that the Defendant had already borne a considerable amount of debt with a business failure, and even if he/she borrowed money from the victim as above, he/she did not have any intent or ability to repay it.
In the end, the Defendant received money of KRW 20 million from the victim who was accused of such falsity to his bank account on the same day.
2. On December 30, 2010, the Defendant: (a) around December 30, 2010, borrowed money, the Defendant called “a loan for additional money,” at the foregoing F clothing agency, that “The Plaintiff is not a loan from the second financial right due to the damage on the current first financial right; (b) the Plaintiff is entitled to receive KRW 50,000,000 from the second financial right.” (c) the Defendant may receive the loan from the second financial right. The Defendant is able to repay KRW 20,000,000,000,000 from the said loan.”
However, the Defendant had no intention or ability to repay the money borrowed from the victim even if he/she borrowed money from the victim because it is unclear whether the Defendant would be able to obtain additional loans due to the substantial loan.
Ultimately, the Defendant received 5 million won from the victim who was accused of such falsity to his bank account on the same day, and acquired it by fraud.
3. On January 31, 201, the Defendant is guilty of a loan.