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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
"2017 Highest 2320"
1. Around August 14, 2013, the Defendant against the victim B made a false statement to the effect that “D” restaurant operated by the Defendant in the Busan East-gu, Busan-gu, “E” will be transferred to the victim B. First of all, the Defendant would take measures to enable the victim B to sell money on the face of the money on the face of the premium.”
However, from around 2012, the Defendant: (a) from around 2012, it was difficult to operate the D’s restaurant and the E’s restaurant; (b) operated a restaurant with money from the surrounding persons; and (c) borrowed money from another person to repay the existing debt.
Since the amount of debt increases and the situation leading up to KRW 200 million has deteriorated, even if receiving money from the victim as a premium, it was thought that it will be used for the payment of existing debts and the husband's scrap metal business, etc. In fact, even if the above "E" was received from another person and received money from the victim, there was no intention or ability to transfer it normally even if it was received money from the victim, such as transferring it to another person.
As such, the Defendant, by deceiving the victim as such, obtained a total of KRW 40 million from the victim on August 14, 2013, KRW 20 million in cash, KRW 15 million in cash on August 23, 2013, and KRW 5 million in cash on October 29, 2013.
2. On July 28, 2015, the Defendant entered into a lease agreement with the victim F to the effect that “the Defendant shall rent the said restaurant from the victim F for KRW 10 million, monthly rent of KRW 800,000,000,000 from August 28, 2015 to August 28, 2017, and the victim shall receive and transfer all the facilities, equipment, and fixtures of the restaurant to the Defendant for KRW 20,000,000,000,000,000,000,000,000,000,000, after the beginning of the business, after the payment of the down payment for the down payment for KRW 10,000 from August 28, 2017.”
However, it is true.