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A person shall be punished by imprisonment with prison labor for the crimes of KRW 7 million in the judgment of the defendant, and for the crimes of KRW 2 in the judgment of the court.
Reasons
Punishment of the crime
[criminal record] On October 31, 2013, the Defendant was sentenced to a suspended sentence of three years for a period of imprisonment with labor for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (forest) in the Credit Support of Suwon Friwon, etc., and the said judgment became final and conclusive on November 7, 2013.
[2015 Highest 964]
1. On November 10, 2013, the Defendant made a false statement to the victim E at the D cafeteria owned by the Defendant, which read, “A ice festival is opened around December 28, 2013, and 20,000 people visit the D cafeteria, so that a cafeteria can benefit from the restaurant. When leasing D cafeteria, the Defendant would deliver the cafeteria building up to November 29, 2013 and operate the cafeteria.”
However, in fact, the above D cafeteria was conducted by a voluntary decision to commence an auction to secure the claim in the Seoul mutual savings bank, and the defendant did not notify the victim of such fact even though he was ordered to restore the original state due to illegal expansion or reconstruction. At the time, even if the defendant received the lease deposit from the injured party due to the bad financial standing, he did not think that the deposit would be used individually, and at the time, the defendant returned the deposit amount of KRW 30 million to the lessee F who leased the above D cafeteria to return the deposit amount of KRW 30 million to the lessee F who leased the above cafeteria, and did not have the intention or ability to deliver the above cafeteria building to the victim until November 29, 2013.
As such, the Defendant, by deceiving the victim, received KRW 6 million in cash from the victim under the name of the deposit money for lease on November 10, 2013, and received KRW 6 million on November 18, 2013, KRW 10 million on November 19, 2013, KRW 13 million on November 19, 2013, and KRW 29 million on November 28, 2013, as well as KRW 13 million on November 28, 2013.
[2016 order 37]
2. On April 4, 2012, the Defendant established and operated a store in the “I” office in the “I” office of the Defendant’s operation in the G in the G in the G in the G in the G in the G in the Yangyang-dong calendar.