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Defendant
A Imprisonment with prison labor of one year and eight months, and Defendant B shall be punished by imprisonment with prison labor of four months.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
1. On March 25, 2015, the Defendant stated that “Around March 25, 2015, the Defendant borrowed money for business purposes, such as granting monthly pay to the head of the restaurant,” to the victim J.
However, in fact, the Defendant had a bank obligation of approximately KRW 350 million, and paid approximately KRW 2.8 million to each month interest, and the personal bond was about KRW 450 million, and there was no intention or ability to repay the amount even if the Defendant borrowed the amount from the injured party, because he had a deficit of approximately KRW 10 million per month at an I restaurant.
Nevertheless, the defendant deceivings the victim as above and received delivery of KRW 10 million from the victim, i.e., the victim.
2. "2017 Highest 3184".
A. On October 14, 2015, the Defendant paid the victim M of the L General Legal Office located in K of the Republic of Korea “on the ground that the business is difficult to do so, the Defendant would pay the victim the interest at four additional monthly interest, and the principal shall be repaid up to October 15, 2016.
The Republic of Korea is operating much as well, and real estate has been arranged, so it will be repaid.
“.....”
However, the Defendant, at a restaurant operated, had no particular hospitalization or property, and had no personal debt more than KRW 450 million. The Defendant had no intention or ability to change it at the time of the agreement, even if the Defendant borrowed money from the injured party on the ground that the right to collateral security higher than the sale price was established.
Nevertheless, the defendant deceivings the victim as above and acquired 30 million won through a new bank account in the name of the defendant on the same day from the victim.
B. On October 24, 2015, the Defendant is a “I” restaurant operated by the Defendant located in the Suwon-si H.