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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant of "2013 Highest 450" bears about KRW 40 million prior to borrowing money from the victim D, and even if he/she borrowed money from the victim due to no special property or income, he/she did not have the intention or ability to repay the money.
1. On March 30, 2011, the Defendant: (a) made a false statement to the effect that he/she would operate a restaurant to the victim; and (b) would have the principal repaid until December 30, 2012, in a cafeteria, “F” in the name of “F” in the Defendant’s operation of the Defendant, which is located in G at Chicago, he/she received 10 million won in cash from the victim; and (c) he/she received 10 million won in cash from the victim; and (d) subsequently, he/she acquired it.
2. On May 7, 2011, the Defendant: (a) on May 7, 2011, the Defendant acquired money from the NAFF Co., Ltd., the Defendant acquired money from the Defendant with KRW 300,000,000,000,000,000 in total from the Defendant’s account under the name of G, his/her wife, who was in the name of the Defendant, to the account in the name of the Defendant, and to the account in the name of the Defendant, KRW 9,00,000,000 in total.
around June 2010 to July 7, 2010, the Defendant had a personal debt of KRW 15 million and had an average of KRW 200,000 with No. 350,000 with No. 300 loan. “H restaurant” operated at the time did not have any special profits. Therefore, even if the Defendant borrowed money or received investment from the victim, the Defendant did not have the ability to repay the borrowed money or the invested money. Even if the Defendant received money from the victim, the Defendant was considered to have used it as personal debt repayment, money, and restaurant monthly rent, not for singing operation expenses.
Nevertheless, on June 24, 2010, the Defendant’s “H restaurant” located in the GJ at macro-si on June 24, 2010 refers to a false statement that reads that “the Defendant borrowed money to the victim in proportion to dividing profits from the operation of the street and the division of profits,” and that is, the Defendant’s husband’s G on June 24, 2010 from the victim.