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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The Defendant is a person who operated a cafeteria with the trade name “C” from October 2016 to September 2019.
1. Around February 28, 2017, the Defendant: (a) borrowed money from the victim D in the said restaurant; and (b) falsely stated that “I would immediately return the principal if I would return the money before the month when money is needed.”
However, in fact, the Defendant had no particular property to secure the repayment of the above borrowed money at the time, and even if the Defendant borrowed money from the victim, such as already bearing obligations to other creditors in the process of establishing the above opening business expenses, there was no intention or ability to immediately repay the money at the time when the victim demanded the return of the principal.
Ultimately, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the E bank account (F) in the name of the Defendant on the same day, from the victim, and transferred KRW 15 million under the same name as the G Association account (H) account in the name of the Defendant on March 21, 2017.
2. Around January 11, 2018, the Defendant made a false statement to the victim I that “A victim I will have a monthly salary. If a victim borrowed KRW 2.3 million a monthly salary, he/she will be paid a full payment, as he/she will be a funeral.”
However, the Defendant had no particular property to secure the repayment of the above borrowed money at the time, and had no intention or ability to repay the borrowed money even if the Defendant borrowed the money from the victim, including the obligation mentioned in the above paragraph (1), by already bearing approximately KRW 140 million to other creditors.
Ultimately, the Defendant deceiving the victim as above and received KRW 2.3 million from the victim to the E bank account (F) in the name of the Defendant on the same day, and as indicated in attached Table 1 from the time to October 5, 2018, the above E Bank and J Bank in the name of the Defendant from the victim as stated in attached Table 1.