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

Punishment of the crime

[2018 Highest 1680] The Defendant is a clerical error in writing in the victim C indictment written by the Defendant around May 20, 2016.

At the D Office for the Management Co., Ltd., said, “The victim would open a coffee shop to the E University, and if the victim lends the monthly payment of KRW 33,00,000,000 from May 20, 2016 to December 20, 2016, the victim would make payment from May 20, 2016 to December 20, 2016.”

However, in fact, the Defendant was unable to pay interest on the above coffee operation from other creditors, and other profits of the Defendant’s operation, including the above coffee shop, are insufficient to pay the amount promised to the victim. Thus, even if he borrowed the money from the victim, there was no intention or ability to pay it, as the above, as agreed.

On May 20, 2016, the Defendant, by deceiving the victim as above, received KRW 33 million from the victim on May 20, 2016 as the monthly payment of the said coffee shop.

[2018 Highest 1896] On September 2014, the Defendant told the victim G that “as a public official, the Defendant is operating a car page for the future, 5 or 6,000 won from the 5,00,000 won per car page to the H and I, and 6,000 won from the 5,00,000 won per car page.”

또한 피고인은 2014. 12.경 서울 용산구 소재 서울역사 내 커피숍에서 “지금 E대학교 내의 카페 입찰이 예정되어 있다, 좋은 자리이다, 금원을 투자해주면 한 달에 최소 1,000,000원을 수익으로 지급해주겠다”라는 취지로 말하였고, 2015. 1. 20.경에도 피해자에게 전화를 걸어 “E대학교 카페를 낙찰 받았다, 카페를 운영하는데 1억 원 정도 든다, E대학교는 사립이고 의대도 있어 학생들 씀씀이가 크니 같이 카페를 운영해보자”라고 말하였다.

However, the defendant is also a mother and child of another car page operated by him.