A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

Around June 2017, the Defendant made a false statement to the effect that “C” ceremony of the Defendant’s operation of the Jung-gu Seoul Central District Office to the victim D who was a customer from the “C” ceremony to make an investment of KRW 100 million at the expense of the interior and material of “C”, and that “C shall use it at the expense of the interior and material of “C”, and 3.5 million won per month during the first three months, and 50% of the restaurant earnings every month

However, at the time, the Defendant had already been liable to pay approximately KRW 100 million to financial institutions, etc., and at least KRW 3,50,000,000 won was paid to loan interest each month, and the monthly rent was overdue for at least two months, and even if the restaurant sales did not make substantial profits due to lack of employees’ benefits, and 10,000,000,000 won was used as the personal liability of the Defendant, the overdue monthly rent of the restaurant, and the debt incurred from the operation of the restaurant, and thus, there was no intention or ability to distribute the profits to the victim while operating the restaurant normally.

Nevertheless, the Defendant, by deceiving the victim as above, received a total of KRW 50 million from the E bank account under the name of the Defendant on June 23, 2017, and KRW 50 million around July 27, 2017, and KRW 100 million from the victim as investment money.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement of D police statement;

1. The victim stated that he/she has invested 10 million won by consistently making an investment by the Defendant to pay 50 percent of his/her earnings when he/she invests 100 million won in the interior fund of a facility aged at the defendant's restaurant that has been aged in this court from the filing of the complaint to the point of view that the victim of the statement of financial transaction information distribution agreement, a statement of profit distribution agreement, a notarial deed, a record of recording, and a statement of reply to financial transaction information shall be invested from the victim.