A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall pay 150,000 won to the applicant C with the amount obtained by deceit.

Punishment of the crime

On May 30, 2016, the Defendant obtained a new business opening right from the law firm E located in Seocho-gu Seoul Metropolitan Government Seocho-gu.

In order to the effect that the store opened the store, a half of KRW 150,000,000, which is a half of the total of KRW 300,000,000, should be repaid by adding the interest of KRW 16% per annum, and that it would be transferred under good condition for the F store after approximately two years.

However, the defendant did not have the right to open the F Burial, and there was no plan to open the F Burial as a result of the business district analysis, and there was no plan to open the F Burial as a result of the business district analysis, and the above borrowed money was scheduled to be diverted to the operating expenses of other recipient stores operated by the defendant.

In addition, at the same time, the Defendant had to use the sales revenue of the recipient's store in operation for preventing the return of the existing debt when the individual debt was approximately KRW 1.85 billion, and there was no intention or ability to repay the loan amount according to the agreement, since the payment of overdue wages and rents did not remain even if the sales revenue of the recipient was disposed of.

Accordingly, the Defendant, by deceiving the victim as above, obtained the delivery of KRW 150 million to the victim for the expenses necessary for opening the F Burial on the same day from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The legal statement of the witness C;

1. Complaint;

1. 각 수사보고 (NICE 평가정보 회신, G 회사 H 차장 전화통화) ▷ 피고인은 피해 자로부터 위와 같이 1억 5천만 원을 차용할 당시, 피고인의 경제적 상황이 어려움을 모두 설명하였고 피해자로서는 이러한 점을 알면서 피고인에게 위 금원을 대여해 주었을 뿐이라고 주장한다.

However, according to the above evidence, the victim is expected to open a store on the premise that the above money will be operated after lending the money, such as where the wife of the victim would receive education on the operation of the store.