beta
Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On October 8, 2009, the criminal defendant against the victim B made a false statement to the victim B, who was not in a mutually influent multilateral bank located in Gangdong-gu Seoul, Gangdong-gu, Seoul, stating, “If the defendant lends 30 million won to the victim B, he/she needs to pay 30 million won with the money, he/she lends it to the person in charge of the vehicle as security, he/she will repay the borrowed money with the proceeds, and he/she will pay the interest of 2 million won per month.”
However, even if the defendant borrowed money from the victim, he did not intend to engage in a credit business using the money as security, and there was no intention or ability to repay the above borrowed money to the victim, such as the defendant bears approximately KRW 200 million debts in the absence of active property at the time.
As above, the Defendant, by deceiving the victim, received 28 million won, excluding 20 million won, prior to the same day and 20 million won from the victim.
2. Around October 30, 2009, the Defendant made a false statement to the victims who came to know in the course of the introduction of B from the mutual influencies located in Gangdong-gu Seoul Metropolitan Government F, stating, “The victims may receive high interest if they lend money to the persons in need of money as security. In order to do such business, first of all, the victims shall have a capital of KRW 70,000,000,000 per capita to loan KRW 70,000,000 per person shall be able to view the profits of KRW 4,50,000 per month.”
However, even if the Defendant borrowed money from the victims, he did not intend to engage in a credit business as security by using the money, and there was no active property at the time, and there was no intention or ability to repay the above borrowed money to the victims, such as the Defendant was liable to pay approximately KRW 230 million in the absence of active property at the time.
As above, the Defendant, by deceiving the victims as above, received total of KRW 70 million from the victims to transfer KRW 30 million on October 30, 2009, KRW 30 million on October 31, 2009, KRW 30 million on October 31, 2009, and KRW 10 million on November 3, 2009.