A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who opened and operated a restaurant with the trade name “D” in the Gangseo-gun C from around 2011 to February 2017.

From around January 2014 to around January 2017, the Defendant continuously assumed the obligation of financial institution loans, debentures, and personal loans from those who borrowed 400 to 500 million won. At the time, the above restaurant was reported to the enemy, not only the repayment of the principal of the above obligation but also the interest payment. The Defendant was in a situation where the above restaurant was not in charge of the repayment of the principal and interest payment of the above obligation, and the Defendant was in a situation where it was called the “refiscing the repayment of the above obligation,” i.e., the repayment of the said obligation with money to another person. Since there was no other property or income, there was no intention or ability to repay the money even if it was borrowed from

1. Fraud to victims E;

A. On the spring around 2014, the Defendant’s fraud of credit card payment concluded to the effect that “A” restaurant operated by the Defendant is “D”, and the credit card payment will be paid in good faith on a monthly basis to the victim E. However, even if using a credit card under the victim’s name, there was no intention or ability to pay the payment.

The Defendant: (a) by deceiving the victim as above; (b) obtained a new card under the name of the victim from the victim; (c) received a letter of credit card 1, Samsung Card 1, and Slick Card 1 from that time to January 2017; and (d) did not pay an amount equivalent to KRW 20,347,555, and thereby acquired pecuniary benefits equivalent to the same amount.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

B. Around April 2014, the Defendant borrowed money, at the above “D” restaurant, the Defendant: (a) had no operating expenses for the restaurant; and (b) has to pay the money borrowed from another person; and (c) has to pay the installment of her husband’s vehicle. Accordingly, the interest rate is changed only to KRW 10 million.