(영문) 인천지방법원 부천지원 2016.04.01 2015고합237



A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.


Punishment of the crime

The Defendant is a person who operated a restaurant under the trade name of Yeonsu-gu Incheon Metropolitan City D Building 202, 103, 104, 106, 107, and 108 from around 2009 to around 2012.

The Defendant had been in bad credit standing since around 2002 due to the failure to operate the restaurant due to the debt of 200 million won due to the failure of the Child Uniform Distribution Business. The Defendant was unable to engage in normal economic activities such as financial transactions, operation of the restaurant, opening of the cell phone, etc. in his own name, but the income accrued while operating the restaurant was used for operating the restaurant, but the said income was difficult to repay the existing debt solely with the above income.

When the Defendant was unable to cope with the expenses incurred in relation to the importation of the restaurant in the course of unreasonably expanding the restaurant, the Defendant committed the following crimes against the victims who were not well aware of the aforementioned circumstances.

1. On April 16, 2009, the Defendant committing a crime against F is not sufficient to purchase a building to expand the restaurant.

It shall be calculated as the highest interest rate in the third part of a month when lending money.

It is difficult to understand the full repayment because the mother has a large amount of money through a building transaction in the redevelopment area.

“Along with the awareness of the victim, one himself/herself concealed himself/herself as a person with bad credit standing and made such a false statement.

However, in fact, the Defendant continued to have an excess of expenditure in the process of expanding the above restaurant. However, in the event that financial transactions do not seem to take place, it was inevitable to continue to borrow money to other persons in order to meet the high interest rate of 3% per month, and since there was a malicious cycle to increase only a loan which does not have the ability to pay principal and interest, it is possible to repay the loan even if it borrowed money from the injured party, rather than reducing all operating expenses.