A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On October 2014, 2014, the Defendant stated that “D’s coffee shop near the Seocho-si Scandaman (“D”), “F will open the main points of F’s trade name,” “The Defendant is going to make an investment of KRW 200 million, and the Defendant borrowed money from the supplier of alcoholic beverages to receive KRW 20 million as soon as 20 million is paid.” The Defendant made a false statement to the effect that “I will immediately repay money from the supplier of alcoholic beverages, as I would receive money.”

This fact is not clear as to whether it is possible to operate the main office because most of the main office construction cost has already been subsidized by a liquor supplier and most of the main office construction cost has been borrowed from others, and it is not clear whether it is possible to pay only KRW 3 million out of the main office lease deposit of KRW 30 million, and even if it is borrowed from the damaged party due to no particular property or import, there was no intention or ability to pay it.

As such, the Defendant, by deceiving the victim, received KRW 19 million from the victim on October 6, 2014; KRW 6 million on November 6, 2014; KRW 10 million on Nov. 7, 2014; and KRW 2 million on November 14, 2014; and was remitted to the Agricultural Cooperative Account in the name of G under the pretext of borrowing money.

On November 19, 2014, the Defendant stated that “A would open the trade name of F to the point of view,” and that “A would convert 10 million won into a juristic person and pay 500,000 won for each month a monthly profit by converting 10,000 won into a juristic person, and KRW 1,00,000 won for each month.”

However, in borrowing most of the construction cost of the above main points from another person, the Defendant did not pay only KRW 30 million out of the lease deposit of KRW 30 million at the main point, and the rent of KRW 3 million per month was not paid at all. Thus, the Defendant’s primary intention was not to open investment, and there was no property at the time since 2012 as an individual bankruptcy state. As such, the Defendant’s aforementioned KRW 10 million from the victim.