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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant: (a) around November 2, 201, at the “D restaurant” operated by the Defendant in Ansan-si, the Defendant: (b) knew on June 21, 201, the victim E was awarded a successful bid of KRW 101 Dong 101 and KRW 104 million; (c) the remainder of the successful bid was 130 million; and (d) the due date for payment of KRW 130 million was November 14, 201; (c) was designated as a bank loan as security around August 24, 2011 to avoid forfeiture of the said sale deposit; (d) known the Defendant that he/she received a bank loan as security around August 24, 201, with the victim, “it is necessary to have his/her mother director as deposit money; (d) the Incheon G company loaned the remainder of its investment due to its payment due to its loan of KRW 300 million to the remainder of the auction bond of KRW 300 million until November 14, 201.”
However, even if the defendant borrowed money from the victim, the defendant's restaurant employees was planned to pay 300 million won to others such as unpaid wages, and there was no business or investor to invest 300 million won, such as the defendant's fence. The above G, which the defendant operated in Ansanyang, was a cleaning and security service company, in a proper and insufficient state such as monthly rent and employee's salary, etc., and the above D restaurant's operating profit was higher than the above D restaurant's operating profit by paying interest on the existing credit card cash service obligation, and thus, the defendant was not able to lend 300 million won, such as the promise, to the victim, or to have no intent or ability to repay his/her obligation.
As such, the Defendant, by deceiving the victim as such, received money from the victim as the Defendant’s new bank account on November 2, 201 from the victim to the Defendant’s new bank account on November 2, 201, with the KRW 25 million on November 3, 201, KRW 300,000,000 on July 3, 19 of the same year, and KRW 48 million on November 10 of the same year, and acquired money as the borrowed money.
(i) the evidence;