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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[2016 Highest 423] The Defendant was aware of the activities of the victim C, the victim D and the mountain conference, and was willing to borrow money from the victims for business funds, hospital expenses, etc.
1. The Defendant committed the crime against the victim C at around August 20, 2012, at the Defendant’s house located in Nam-gu E apartment unit 202, Nam-gu, Nam-gu, Sinpo-si, Seoul, to lend only KRW 30 million as business funds to the victim. If the husband attends Manaco, he/she will pay retirement allowances, but he/she will pay retirement allowances.
“.....”
However, even if the defendant borrowed money from the damaged party, he did not think of the use in the business fund, and was thought to use the defendant's personal debt repayment or fine payment.
Since the Defendant did not have any particular income or property at the time and the obligation reaches KRW 50 million, the Defendant did not have any intent or ability to repay the money borrowed from the injured party.
Accordingly, the Defendant, by deceiving the victim, received cash of KRW 23 million from the damaged party, as a loan for business funds, and received KRW 33 million from August 22, 2012, such as cash of KRW 10 million, from August 22, 2012, from that time until April 10, 2013, by deceiving the victim as stated in attached Table 1 to 8, and received cash and money equivalent to KRW 70 million in total market price over eight times.
2. On January 6, 2013, the Defendant, who committed the crime against the victim D, i.e., phone calls from the victim at the Defendant’s home as indicated in paragraph (1) of the same Article to use only 100,000,000 won, if he/she loans three million won necessary to pay money to the victim.
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However, even if the Defendant borrowed money from the injured party, he was thought to use it as personal debt and living expenses, etc., and there was no particular income or property at the time, and since the obligation reaches 50 million won, there was no intention or ability to repay the money borrowed from the injured party.
In this respect.