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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
From January 2005, the Defendant is a person who had registered his/her business in Geumcheon-gu Seoul Metropolitan Government name D and operated a restaurant with the trade name of "E".
1. Around March 3, 2008, the Defendant made a false statement to the effect that “E” restaurant located in Geumcheon-gu Seoul Metropolitan Government F Building 2-117, and that “If operating funds are needed to operate a restaurant, 40 million won shall be paid 4% interest per month, and repaid within three months,” while driving as D to the victim G.
However, at the time, when deducting various expenses, such as rent and personnel expenses, from the sales of the above restaurant, the above restaurant was used in the form of a number of days in which it is difficult to pay monthly rent because of its low profit or it was difficult to pay monthly rent. Because there was no other special property, there was no other reason, so even if borrowing KRW 40 million from the victim, there was no ability or intent to pay it.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 40 million from the victim to the corporate bank account in the name of D.
2. Around August 14, 2008, the Defendant made a false statement to the effect that “I” in the “I” restaurant located in the H building of Yeongdeungpo-gu Seoul Metropolitan Government, “I shall open an I restaurant to the J and enter into a commercial monthly rent contract,” and that if the interior cost is required, if the Plaintiff borrowed KRW 70 million, 4% interest shall be paid per month and the amount shall be repaid within three months prior to the loan.”
However, as seen above, the Geumcheon-gu “E” restaurant operated by Geumcheon-gu has used bonds in the form of number of days as no profit accrued or rather than a deficit, and was unable to fully repay the borrowed KRW 40 million as stated in paragraph (1), and there was no other circumstance in which there was no other special property, and thus, there was no capacity or intent to repay the victim KRW 10 million after three months thereafter.
Nevertheless, the Defendant issued the victim a certificate of personal seal impression, etc. as above.