A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant is a person who operated a restaurant “C” from around June 2012 to October 2018 in Namyang-si, Namyang-si.

On January 10, 2014, the Defendant, through the victim D D’s speech E, started a franchise business with the passengers through the victim’s “the operation of the restaurant is well good.”

In order to carry out the franchise business, materials such as meat to be supplied to the head office and the franchise store are not being imported from Denmark, so there is a lack of money to proceed.

The government used money for one year from the lending of money, and paid 600,000 won interest per month to operate the restaurant. The attitude seems to have been prepared for the restaurant franchise business, used the money as the cost for the restaurant of the franchise business with the borrowed money as the cost for the restaurant of the franchise business, and the principal and interest were paid within one year.

However, at the time, the Defendant had a debt of 200 million to 300 million won per month, and the Defendant operated a restaurant, with the payment of 15 million won for unpaid amounts of electricity, gas, and alcohol, and even if he borrowed money from the damaged party due to the lack of economic situation, such as the occurrence of a deficit of 2 million won per month from 1 million won to 15 million won, he did not have the intention or ability to pay it, and since he did not have prepared for the franchise business, he did not use the borrowed money as the cost of the franchise business.

Around January 13, 2014, the Defendant was transferred KRW 30 million to the F bank account in the name of the Defendant from the damaged party.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. A complaint, a cash receipt, and a statement of payment;

1. Details of investigation reports (Submission of Suspected Account Records) and account transactions;

1. Investigative Report (Access to Credit Information) and reply to credit inquiry (the defendant and his defense counsel are only borrowed by the defendant as it is necessary to operate a restaurant.