A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

"2018 Highest 1829"

1. The Defendant, at the end of February 2017, made a false statement to the effect that “E” was a general restaurant of the name “E” in the D apartment building located in Bupyeong-gu, Seocheon-gu, Seocheon-si, and that it would be difficult for the Defendant to pay the expenses for the interior construction up to the following month,” and that “F’s spouse B would pay the expenses for the interior construction up to the end of June if he/she lent the E interior construction work.”

However, at the time, the Defendant did not have the ability to pay the construction cost, including electricity, gas, and water needed for the construction. Around 2016, the Defendant was required to return KRW 30 million paid from G to operate another enterprise. Since there was no particular property, even if the Defendant borrowed money from the victims, there was no intention or ability to pay the money when it was used or promised to use the money as the construction cost.

Nevertheless, on February 28, 2017, the Defendant: (a) by deceiving the victims; (b) transferred KRW 10 million from the victim C to the H bank account (Account Number: I) in the name of the Defendant; and (c) transferred KRW 20 million from the victim B to the said H bank account on March 1, 2017; and (d) transferred KRW 1 million from March 29, 2017 to the said H bank account.

2. On September 2016, the Defendant against the victim J stated that “If he/she lends the department store card, he/she will pay the payment in line with the card settlement date, the payment will be made in advance.” The Defendant received and used the K department store credit card from the victim.

The Defendant, as of February 2017, is written E in Paragraph 1, which was prepared for opening business.