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A defendant shall be punished by imprisonment for four years.
The applicant's application for compensation is dismissed respectively.
Reasons
Punishment of the crime
1. On June 16, 2014, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), made a false statement to the effect that “The Defendant was a person who was engaged in a meat processing factory in Gangseo-gun, and was in need of money, as the victim E’s clothes “H” operated by Gangseo-gun, Chungcheongnam-gun, Gangwon-gun, with only 10,000,000 won per week paid money to the victim.”
However, in fact, I did not operate a land processing plant, and even if the defendant borrowed money from the injured party, I could not use it for the purpose of the loan. Moreover, even if the defendant had already received money from the injured party due to considerable debt, he was expected to use it for the defendant's repayment of other debts, so there was no intention or ability to pay the money borrowed from the injured party within the time limit.
The Defendant, as above, was delivered KRW 535,150,000 from the time when he was accused of the victim and received KRW 3,800,00 from the victim on the same day until April 4, 2016.
2. Around September 24, 2014, the Defendant made a false statement to the victim F that, “h” clothes as stated in the foregoing paragraph 1, the Defendant: (a) the Defendant: (b) reported that “on the ground that those who sell Cheongbu, dried, Dried, and Dried are in need of pay; (c) the Defendant borrowed money to this person; and (d) obtained interest on the loan of money from the said person; and (d) gave him/her a loan for the money.”
However, as seen above, the people who run Cheongdol, dry water shop, and static store were not unemployed, and the defendant was planned to pay other debts of the defendant or to lend money to a third party by receiving money from the injured party, and even if the defendant already received money from the injured party with a considerable amount of debt, there was no intention or ability to repay the money within a short time even if he had already received money from the injured party.
As above, the defendant deceivings the victim and takes delivery of KRW 5,00,000 to the victim on the same day.