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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant was the actual owner of the DNA Telecom in Macheon City C.
1. Around September 4, 2008, the Defendant: “Around September 4, 2008, the victim Nonparty borrowed KRW 100 million from the above DNA office as collateral, 24% per annum stated in the indictment by December 5, 2008 (see, e.g., evidence records 3, 103, and the Defendant’s legal statement) to repay 100 million won per annum to the victim’s interest; and “Along with the maximum debt amount of KRW 300 million, the Defendant completed the registration of the establishment of a mortgage for the victim’s maximum debt amount of KRW 300 million; and from March 201, the Defendant stated that “a bank, other than the Korean bank, that was previously loaned, would obtain a loan from the victim as collateral and repay the claim KRW 100 million to the victim.”
However, even if the Defendant borrowed KRW 100 million from the victim on September 4, 2008, the Defendant did not have the intent or ability to repay the principal and interest within three months, and the Defendant did not have the intent or ability to pay the principal KRW 100 million upon receiving the loan from another bank on September 9, 201, even if the establishment registration was cancelled by the victim on September 9, 201.
As above, the Defendant, by deceiving the victim as above, received KRW 100 million from the victim as the loan money on September 4, 2008, and was cancelled only on or around September 9, 201, and did not pay the principal KRW 100 million.
Accordingly, the defendant, by deceiving the victim, received property and acquired pecuniary benefits.
2. Around September 2, 2011, the Defendant was guilty of KRW 120,000,000 against the Victim F, and around September 2, 201, at the victim’s office, the Defendant displayed two to three only the number of guest rooms in business despite the victim’s demand to present other guest rooms, “Durine is not one to see the loss. Five years is no one. There is no dysle rice with no construction work. It may be punished at KRW 150,000,000,000,000,0000,000,0000,0000,0000,0000,0000 won.”