A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant is a person who has operated a restaurant in the name of “D” in the light name of the Defendant.

1. The Defendant extended KRW 30 million to the Victim E on January 2014, and subsequently repaid to the Victim E on several occasions, “I know that you have to pay 30,000,000 won, which is necessary to resolve the seizure in question, with the knowledge of her internal debts.”

“A false representation was made.”

However, there was no intention or ability to repay as promised, even if the Defendant had a personal obligation of KRW 00 million or more at the time, and the said restaurant business was in arrears due to the failure to pay money, etc.

Nevertheless, as seen above, deceiving the victim and then deceiving the victim through the delivery of KRW 30 million under the name of the borrowed money from the victim around that time.

2. On April 10, 2014, the Defendant: “Around April 10, 2014, the Defendant transferred the above D cafeteria to the vicinity of the Ansansan Recreation, because it is difficult to operate the said D cafeteria due to a monthly rent, delinquency in the payment of the goods, etc., and he/she has lent the down payment required therefor.

“A false representation was made.”

However, in fact, the Defendant had a personal obligation of KRW 00,000 or more at the time, and the said restaurant business was in arrears due to the depression, and was thought to be used to repay the existing debt with the borrowed money from the injured party, so there was no intention or ability to change it as promised even if he borrowed money.

Nevertheless, by deceiving the victim as above, it acquired 20 million won from the victim's account under the name of the defendant in the name of the same day with the loan borrowed from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect to the prosecution of a part of the defendant (including the whole part of the statement of E);

1. Part of the statement E in the interrogation protocol of the police suspect Nos. 2 and 3 against the defendant

1. Statement made by the police for E;

1. Written confirmation of each fact by F and G;

1. The case search, loan certificate, business registration certificate, card use record, termination application, details of each account transaction, list of creditors and credit cards.