A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[2012 high group 11749] On February 25, 2012, the Defendant made a false statement to the “D” restaurant operated by the Defendant in Nam-gu Incheon Metropolitan City, which is an employee in charge of loans from the victim Smaman Savings Bank, “on the loan of KRW 40 million for business credit loan, KRW 52 million shall be transferred from among the deposit money of the house at the present time, and 45,200 won shall be repaid every 70 days from among the profits accrued from the operation of the restaurant every day.”

However, in fact, the Defendant was liable for financial rights worth KRW 215 million at the time, and the director already received the deposit for the lease of the house where the Defendant was living for the purpose of becoming a director. Since it was unclear whether the Defendant could continue to operate a restaurant due to the failure to pay the monthly rent for the foregoing “D”, even if the Defendant received the loan from the victim, there was no intention or ability to pay the principal and interest normally.

The Defendant, as seen above, was accused of the victim and received KRW 40 million from the victim on February 27, 2012 under the pretext of business credit loans.

[2013No. 720] On January 27, 2013, the Defendant placed an order for the two weeks each week of Sibagrigrigrigrigrigrigrigrigrigrigrigrigrigrig, which was operated by the victim G in the Nam-gu Incheon Metropolitan City F, as if he would pay the amount of alcohol to the victim.

However, the defendant did not have any intention or ability to pay the price even if he was provided with alcohol, speech, etc. from the victim because the cash in his possession at the time is not less than 6,000 won and there is no other means of settlement.

As above, the Defendant, by deceiving the victim, was provided by the victim with an alcoholic beverage and an alcoholic beverage equivalent to KRW 1,90,000 in the market price in the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. A complaint;

1. Application of an invoice statute;

1. Article 347(1) of the Criminal Act as to the facts constituting an offense;