A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 13, 2011, the Defendant stated that “I would pay KRW 32 million in total by adding interest to May 15, 2012, if I lent KRW 30 million to I as I would purchase food materials at a cafeteria located in G in G in G in G in G in G in G in G in G in G.”

However, at the time, the Defendant was thought to have used to repay the existing debt by lending money from the victim due to a large amount of debt, such as personal loan amount of KRW 20 million, personnel expenses of KRW 20 million, unpaid food materials, and KRW 15 million. The restaurant operated by the Defendant continued to become the enemy and the outstanding amount possessed by the Defendant had no intention or ability to pay it normally within the due date, even if the Defendant borrowed money from the victim, such as the possibility of recovery is weak.

Nevertheless, on October 14, 201, the Defendant, by deceiving the victim as above, received 30 million won as cash and check before the credit union in the Gyeonggi-si Masung-si, Gyeonggi-si, e.g., Gyeonggi-do, and acquired 30 million won from the victim.

Grounds for reasons