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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Fraud against the victim B;
A. On July 2016, the Defendant, in the name of the expenses for the operation of the Hab restaurant, was working at the “D” restaurant located in Osan-si, Sinsan-si, on the following occasions: “B is a person of distinguished service to the State, and there is a lot of profits in operating the Hab restaurant well-known with the general manager of the Hab restaurant, and there is a little amount of money, and the deposit can be returned to April 2017.” The Defendant, in the name of the expenses for the operation of the Hab restaurant, said Defendant would post the Hab restaurant to the victim by telephone to have him operate the Hab restaurant from October 2016 to make it available for the operation of the Hab restaurant, and the issuance of a certificate of entry to the victim B, stating, “I will have to send the 600,000 won of the Habbb restaurant with his resident registration certificate, and to enter the business when commencing the business.”
However, in fact, the Defendant did not have any connection with the business of operating the brine restaurant, and from around 2010, received money from many people on the brine of the brine restaurant operating right, and did not receive money from the victim and did not have any intent or ability to allow the victim to operate the brine restaurant even if he received money.
Nevertheless, on August 29, 2016, the Defendant, by deceiving the victim, received KRW 600,000 from the E bank account under the Defendant’s name on August 29, 2016, and acquired KRW 16,650,00 in total as shown in attached Table 1 from that time to January 2, 2017.
B. On October 15, 2016, the Defendant said that “The nominal loan fraud Defendant would return all the borrowed money to the Defendant, if the sloping projector would purchase it in lieu of the need to do so in the church, at the instant coffee shop located in the Sungsung-si city.” On April 2017, 2017, the Defendant said that “The Defendant would return the entire amount of the borrowed money to the Defendant, as the right to operate the restaurant is created.”
However, the defendant has the victim acquire the right to operate the brine, such as the above paragraph (a).