Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a person who has operated a restaurant in the name of "D" in the Jinhae-gu, Jinwon-si B apartment C.

1. On December 14, 2017, the Defendant made a false statement to the victim F’s house located in Seocho-gu, Changwon-si, Seoul Special Metropolitan City, that “I would purchase a apartment house to G at Changwon-si, and would have paid the balance within two months upon lending KRW 10,000,000 to the victim’s house.”

However, at the time of fact, the defendant had no other assets in the state of the enemy, and it was urgent to pay a lot of outstanding bonds, so there was no financial resources for the repayment of the bonds, and there was no idea to use the borrowed money for the payment of the purchase price of the apartment house.

Therefore, in the above D, it received 10 million won in cash from the victim, and acquired it by fraud.

2. 피고인은 2018. 4. 13. 경 위 피해자의 집에서 피해자에게 ‘나의 집을 팔려고 내놨는데 집도 팔리지 않고 죽집도 장사가 되지 않아 경제적으로 어렵다. 200만 원을 더 빌려주면 조만간 나의 집을 팔아서 이전에 빌린 1,000만 원과 함께 1,200만 원을 한꺼번에 변제하겠다.’고 거짓말을 하였다.

However, at the time of fact, the defendant did not have the ability to repay, as seen earlier, and there was no intention to repay by selling his house.

Therefore, in the above death house of the defendant, it was obtained from the victim a cash of 2 million won, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint;

1. Application of the Investigation Report (No. 13) Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;