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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On January 27, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for a term of fraud in the Daejeon District Court's Incheon District Court's Branch, and the judgment became final and conclusive on February 8, 2011.
1. The Defendant against the victim D, on April 29, 2010, borrowed money from the victim D, “B is engaged in the loan business, if necessary, at any time.” The interest rate shall be changed to 2.5% per annum (30% per annum). The term “a letter of loan shall be notarized, trusted, and trusted.” On April 30, 2010, the Defendant received KRW 30 million from the victim around April 30, 2010, and KRW 10 million around May 27, 2010, and KRW 40 million from the victim.
However, in fact, the Defendant did not have certain assets at the time and had a debt worth of KRW 40 million with financial institutions. The Defendant did not have any income that was able to dispose of, such as income from a lending company, credit card sales company, etc., and the sales company, etc., did not reach monthly living expenses, store operation expenses, etc., and the Defendant is also liable for bad debts arising during the loan business in the circumstance that the Defendant is obliged to pay the interest that was incurred while engaging in the loan business by raising and financing other persons’ money. Thus, the Defendant’s self-reliance did not have any intent or ability to repay the debt to the victim or pay interest that was much higher than bank interest (2.5%) than bank interest, and the Defendant did not actually fail to repay the above debt to the victim.
As such, the Defendant, by deceiving the victim, obtained 40 million won from the victim and acquired it by fraud.
2. On October 18, 2010, the Defendant against the victim F made a false statement to the victim F that “on a loan of KRW 35 million to the victim F, the Defendant would pay the principal and pay the interest of KRW 2.5% per annum (30% per annum) above the bank interest rate by December 31, 2011.” The Defendant received KRW 35 million from the victim on the same day.