A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. The defrauded related to the borrowed money: (a) from around April 201, the Defendant had operated a restaurant with the trade name “D” on the Seo-gu, Seo-gu, Gwangju, and the first floor; and (b) from around August 201, the Defendant was unable to operate the restaurant to the extent of the amount of KRW 10 million each month by the enemy; and (c) the Defendant was not able to pay the debt equivalent to KRW 400 million each month; and (d) even if the Defendant borrowed money from the victim F who operated the company E, a company with limited liability, such as demanding the repayment of the debt from the bondholder, the Defendant did not have any intent or ability to pay the debt.

Nevertheless, at the restaurant operated by the Defendant around January 22, 2013, the Defendant loaned KRW 22,00,000 to G of the victim’s staff members of the restaurant, “on the loan of KRW 22,00,000,000,000 per month, shall be repaid in the division between the 20-month period.

To do so, the limited company E will be supplied with alcoholic beverages.

“Along on the same day from the victim, the victim was transferred KRW 22 million to the Gwangju Bank Account (H) in the name of the Defendant on the same day.

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

2. The Defendant did not have the above property and did not have the intent or ability to pay the said price even if the Defendant received credit from the injured party due to the difficulties in the operation of the restaurant.

Nevertheless, in a restaurant operated by the Defendant around January 28, 2013, the Defendant would pay the amount to G staff members of the victim “if alcoholic beverages are supplied to the restaurant, the amount will be paid as soon as the end of each month.

“A false statement,” from January 28, 2013 to the victim of this year.

5. A total amount of KRW 3,389,820 shall be paid by only the total amount of KRW 7,887,680 and the remainder of KRW 4,497,860 shall not be paid even if the alcoholic beverages were supplied until December 17.

Accordingly, the defendant was given property amounting to KRW 4,497,860 by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police suspect interrogation protocol against the accused;

1. Each statement made by the police in relation to G 1.