A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[2018 Highest 4277]

1. On October 31, 2016, the Defendant made a false statement that “C” restaurant operated by the Defendant, which is located in Young-gu, Young-gu, Young-gu, the Defendant called, “C” in the “C” restaurant operated by, inter alia, the victim D, a middle school dong, and operated a window-type restaurant with the name of “C,” from an employee. When opening points 3 to E, if money is lent in the preparatory process, the Defendant would pay interest on the second part of each month.

However, the Defendant, while the restaurant operation at the time was not properly operated, was liable to creditors F for approximately KRW 180,000,000,000 to creditors, and there was no sufficient means to pay employees’ benefits or food materials supplied. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to pay the interest and principal of the second part of each month.

On October 31, 2016, the Defendant received total of KRW 10 million from the victim, including transfer of KRW 9 million to the G Bank account under the name of the Defendant, KRW 6 million to the H Bank account under the name of the Defendant on January 20, 2017, KRW 9 million to the H Bank account under the name of the Defendant on January 25, 2017, and KRW 29 million to the said H Bank account on March 27, 2017.

Accordingly, the defendant was given property by deceiving the victim.

2. On April 2017, the Defendant made a false statement that “Around the end of Gwangju Mine-gu, the Defendant would complete payment of KRW 140 million, including interest, from the loan to the said victim before July 30, 2017, if the Defendant borrowed KRW 100,000,000 for a micro enterprise loan, which is to be used at the cost of expanding the loan and producing the fishing case.”

However, the Defendant did not have decided to provide funds for policies for micro enterprises, but failed to meet the requirements for subsidies of KRW 50 million, and there was no intention or ability to pay KRW 140 million to the victim within three months due to the difficulties in economic situation, such as the above paragraph (1).

The Defendant is a H Bank under the name of the Defendant on May 4, 2017 from the victim.