A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On June 27, 2016, the Defendant: (a) around June 27, 2016, the Defendant operated a restaurant “F” at the coastal wharf; (b) the mother operates the restaurant “F” at the coastal wharf; and (c) there is a need for funds to be used for the number of days.

When lending KRW 20,000,000,000 shall be paid monthly interest of KRW 1 million and shall be repaid after three months.

However, at that time, the Defendant had a debt equivalent to KRW 100 million, including KRW 50 million for loans for financial rights, KRW 50 million for individual bonds, and KRW 50 million for personal bonds. From around 2014, the status of hostile management, such as where the operation of “F” was not well performed with his/her family and more than the revenue was continued. The Defendant did not have any property registered in the name of the Defendant, nor used the money borrowed from the injured party for repayment of other obligations or for the cost of living, even if he/she did not have any money remaining, there was no intention or ability to change it within three months or pay 1 million interest per month even if he/she borrowed money from the injured party.

Nevertheless, the defendant deceivings the victim as such and acquired 20 million won from the victim to the national bank account (G) in the name of the defendant on the same day.

2. On July 28, 2016, the fraud Defendant made a false statement to the effect that “A household supply is being made, but a household payment is to be made, and a payment is to be made immediately after lending KRW 2.5 million as the payment is to be made,” by phoneing to the victim on a closed spot on July 28, 2016.”

In fact, the defendant thought that the above borrowed money was used for the repayment of obligations to the existing creditors, and there was no intention to pay the price of delivered goods to the household, and there was no intention or ability to pay the borrowed money.

Nevertheless, the defendant deceivings the victim as above and transfers 2.5 million won to the national bank account (G) in the name of the defendant on the same day from the victim.