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

except that 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 November 27, 2014, the Defendant stated that “If the Defendant borrowed money to open a restaurant in the name of “D” to the victim B, the Defendant would obtain a loan of alcoholic beverages after three months from the date of open. However, at around the time of the above time, the Defendant was not able to obtain a loan in arrears with the card payment, and the Defendant was in arrears with the wages of employees working in the above restaurant, and the monthly amount of monthly income was deducted from the deposit because the said restaurant lessor was unable to pay the deposit amount of KRW 30 million on one occasion, and there was no intention or ability to pay the loan even if he borrowed money from the victim.

As such, the Defendant, by deceiving the victim, received KRW 15 million from the victim under the name of the borrowed money on November 27, 2014, as well as by deceiving the victim over 22 times from around that time to July 27, 2015, and received KRW 93,378,250 in total as the borrowed money from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses B and E in the second trial records;

1. Police for the accused and each protocol of examination of the prosecution;

1. Transfer and takeover documents;

1. As to the Defendant and defense counsel’s assertion of investigation report (building F and telephone conversation)

1. The defendant and his defense counsel acknowledged the crimes in the sequence 1 to 3 of the annexed crime list. However, with regard to the Nos. 4 to 9, the defendant only stated that he did not have money to type E, but he did not know how he talked to the victim, and he deposited money from the victim. The defendant did not directly induce the victim. However, the defendant's statement of the witness B and E in the second trial record and the protocol of suspect interrogation of the defendant to the prosecutor's office is written.