A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On October 2015, 2015, the Defendant got the victim D in the “C” restaurant in which the Defendant, who was in Busan Northern-gu B, was working, was able to introduce the victim D. However, as the Defendant possessed and operated the said restaurant, the Defendant was able to have the victim believe it.

1. On October 23, 2015, the Defendant made a false statement to the victim, stating, “I would immediately make reimbursement if I would lend money to the victim immediately seven million won when I set up the money from the bank.”

However, the fact was that the actual owner of the above restaurant was E, not the defendant, but the defendant agreed to divide half of the profits of the restaurant by E instead of the defendant who bears all the expenses necessary for the test costs and operation of the restaurant. In addition, the defendant was in bad credit standing and was in a situation that the defendant was obliged to pay 3.6 million won per day interest of the bonds and 1.3 million won per month interest of the bank interest, and the defendant was expected to use the money for repayment of the above obligation, such as the repayment of the test cost, because he did not pay 20 million won per day of the loan from the victim. In the end, the defendant did not have any intent or ability to pay it even if he borrowed money from the victim.

As such, the Defendant, by deceiving the victim, received 7 million won from the victim and acquired it by transfer on the same day.

2. On November 23, 2015, the Defendant made a false statement to the victim, stating that “If a victim calls on the part of Busan (hereinafter referred to as “I would immediately lend five million won due to the lack of funds, I would immediately pay the following day.”

However, the defendant did not have any intention or ability to pay the money even if he borrowed the money from the victim for the same reasons as the above 1.

The defendant deceivings the victim as such and receives five million won from the victim on the same day.