A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who operates a "D cafeteria" in Gyeonggi-gu C.

On October 2016, the Defendant borrowed the purchase cost of the office flag necessary to operate a restaurant to the victim E at the end of the day of October, 2016 and repaid it to the victim E as the proceeds of the restaurant.

If the repayment is not made, 25 million won shall be deducted from the deposit for the lease of the restaurant or the deposit for the lease of the rent of 25 million won which the restaurant lives.

“The original copy of a restaurant lease agreement was issued while making a false statement.”

However, in fact, the Defendant had a personal obligation of KRW 80 million, and at the time the Defendant’s house was paid KRW 5 million monthly, not full-time but full-time, and was planned to borrow money from the injured party to use the money for repayment of his/her personal obligation, so there was no intention or ability to pay the money to the injured party.

Nevertheless, on November 17, 2016, the Defendant: (a) by deceiving the victim as above; (b) received KRW 5 million from the Defendant’s agricultural bank account (F) around November 17, 2016 from the victim; and (c) obtained a total of KRW 21,50,000 from that time to February 9, 2017, including the transfer of KRW 5 million from the Defendant’s agricultural bank account (F).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on transaction details;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the reflection, the agreement with the victim, the fact that there is no record of punishment exceeding the fine, the degree of deception, etc.);