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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On September 15, 2009, the Defendant made a false statement to the Daejeon Rolling Stock Improvement Team located in Seo-gu Daejeon, Daejeon, Seo-gu, Daejeon, that “The Defendant would have to make a loan to the victim C, with a loan of KRW 50,00,00,000, while paying interest of KRW 1.5% per month, if the Defendant borrowed KRW 50,000,000, and make a repayment after one year.”
However, the defendant did not have an intention or ability to pay money to the victim even if he borrowed money from the victim due to the fact that the defendant was not an authorized intermediary business at the time, and there was almost no income, and there was a loan exceeding KRW 300 million to the community credit cooperatives.
As such, the Defendant, by deceiving the victim, received KRW 20,000,000 on the same day from the victim to the post office account under the name of the Defendant, and took over KRW 100,000 from September 15, 2009 to December 28, 2009 on a total of six occasions as shown in the annexed crime list, and acquired the money as the borrowed money.
2. On January 25, 2010, the Defendant agreed not to deduct the secured amount of the right to collateral security from the purchase price on the following grounds: (a) the Defendant, at a coffee shop located in the Dong-dong, Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, to sell to the victim C at KRW 135,000,000 for the purchase price; and (b) the Defendant agreed not to deduct the secured amount of the right to collateral security from the purchase price.
However, the Defendant had little income at the time, and the Defendant had no intention and ability to cancel the right to collateral security established on the loan loan because the Defendant had not been able to pay more than KRW 700 million, such as the loan of 30 million to the community credit cooperatives.
As such, the Defendant, by deceiving the victim as such, offsets the amount of KRW 30,00,00 among the existing debts from the victim to KRW 60,000,000 on the same day as the remaining sales price, and up to February 25, 2010, KRW 8,000,000 on the same day, and KRW 37,000,000 on March 2, 2010 under the name of the Defendant.