beta
Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
From May 2009 to September 201, 201, the Defendant was the general president of the Gangnam-gu Seoul Metropolitan Government B hotel entertainment bars.
1. From the end of May 2009, the Defendant stated to the effect that “If an investment in stocks is made, the Defendant may earn a big profit.” If the Defendant borrowed KRW 50,000,000 to the victim D, the Defendant would pay the principal and interest after investing in the stocks.”
However, the Defendant, at an existing entertainment drinking house business establishment, retired from office as a general manager of the said C entertainment drinking club business, was in arrears with the credit card fee to raise funds for female employees’ prepaid and operating expenses, etc., and had to be repaid with money, and there was no particular income or property other than the profits to be received from the C entertainment drinking club business, and the Defendant was thought to use the funds borrowed from the victim as entertainment drinking club business expenses. Thus, even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to pay the money to the victim after making an investment in the said money and making a payment.
Nevertheless, the Defendant, by deceiving the victim as above, obtained 50,000,000 won from the victim as the loan money on the following day, and acquired it by deceit.
2. On September 1, 2009, the Defendant: (a) borrowed money from the victim at the same place as that of paragraph (1) of this Article; and (b) by fraud, the Defendant acquired KRW 50,000,000 from the victim as a loan, and acquired it by deception, with the following purport: (c) “If the Defendant borrowed money from the victim without intent or ability to complete payment, he shall pay the interest of KRW 50,000,000 to the victim’s operating expenses, such as Advanced money.” (d)
3. On June 2010, the Defendant borrowed money from the victim, such as Paragraph 1, at the same place as that of Paragraph 1, and Paragraph 1, with no intent or ability to complete payment, the Defendant shall pay back money to the victim.