A defendant shall be punished by imprisonment for not less than eight months.

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

1. Around June 25, 2014, the defrauded of the Victim C made a false statement to the Victim C by “F” restaurant operated by the Defendant in Yangcheon-gu Seoul Metropolitan Government, with the interest of KRW 1,200,000,000 per month. If the Defendant loans KRW 20,000,000 per month to the Victim C, the Defendant first paid the said obligation, and then paid the said amount. Accordingly, the Defendant would pay KRW 70,000 per month, including the interest of KRW 70,000 per month and the principal of KRW 3 million.”

However, in fact, the Defendant applied for individual rehabilitation to the Seoul Central District Court on February 3, 2014 due to an excessive debt of KRW 20 million, and there was no property other than the Defendant’s name and it was difficult for the Defendant to pay interest on the Defendant’s monthly payment. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to pay the amount.

As such, the Defendant, by deceiving the victim, received KRW 20 million from the national bank account (Account Number G) in the name of the Defendant on the same day from the victim and acquired it by deception.

2. Around August 21, 2014, the Defendant against the victim D made a false statement that “I” restaurant in Yangcheon-gu Seoul Metropolitan Government H “I must pay the victim D with cash 10 million won. If the Defendant borrowed this, 1.5 million won will be the sum of interest 4 million won per month and principal 1.1 million won per month.”

However, the defendant did not have any intention or ability to repay the money, even if he borrowed money from the victim for the same reason as the preceding paragraph.

The Defendant, by deceiving the victim as such, received KRW 10 million from the victim as the loan money on the same day, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of partially the accused by the prosecution (including the parts written in each statement ofC and D);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347(1) of the Criminal Act as to the facts constituting the crime