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Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
1. Around January 201, 201, the Defendant was running a restaurant of “D” on the second floor of the Seo-gu Daejeon Building on the lease around January 201, 201, and was unable to pay KRW 20 million out of the deposit amount of KRW 40 million to the lessor. However, even if the deposit already paid was not paid due to the failure to pay the monthly rent, management fee, gas cost, etc., and there was a large amount of debt, there was no ability to pay the deposit properly even if the Defendant borrowed money to pay KRW 20 million.
Nevertheless, around January 4, 201, the Defendant stated to the victim E in the above “D” that “The deposit for a restaurant lease is KRW 40 million, and the remainder KRW 20 million is insufficient.” The Defendant lent KRW 20 million to the lessor to lend the lessor the remainder of KRW 20 million. On the other hand, the Defendant has repaid the remainder in the form of the number of days after obtaining a loan for the sunlight or operating D, and even if having not received the loan, the remainder of the deposit is not known.”
On January 4, 2011, the Defendant, by deceiving the victim, had the victim transfer KRW 15 million to the lessor K’s account, and issued KRW 5 million in cash to the Defendant on the same day.
2. On July 201, 201, KRW 10 million, the Defendant was unable to repay most of the KRW 20 million borrowed from the victim E as in the preceding paragraph from the end of June, 2011. At the time, the restaurant operation was not properly conducted, making it difficult to repay the borrowed money even in the number of days. Since there were many debts to financial institutions, etc., the Defendant did not have the ability to repay the money properly even if he borrowed money for the test work of the restaurant newly opened.
Nevertheless, the Defendant, around June 30, 201, opened business with the victim E, from “D” that moved to Daejeon-gu G, Daejeon-gu, Daejeon, for lack of the cafeteria cost.