A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 5, 2012, the Defendant was sentenced to two years and six months of imprisonment with prison labor for murder by the Daejeon District Court, and completed the execution of the sentence in the Daejeon Prison on March 23, 2015.

Criminal facts

1. On April 2016, the Defendant: (a) visited the victim’s “E restaurant” in the operation of the victim D’s “E restaurant in Daejeon Seo-gu, Daejeon; and (b) around April 2016, the Defendant told the victim to pay money by the end of May 2016 at the mutual influence point located in the Seo-gu, Daejeon, Seo-gu, Daejeon, Seo-gu, Daejeon, that “Around April 2016, the Defendant was unable to run a business but would have to start the business again if he/she borrowed KRW 30 million.”

However, in fact, the Defendant did not intend to use the borrowed money for a new business, did not have any particular profit in the gas station operated at the time, and had a debt equivalent to 50 million won, and did not have any disposalable property. Therefore, even if the Defendant borrowed money from the injured party, he did not have any intent or ability to repay the borrowed money.

The Defendant received a total of KRW 25.5 million from the damaged party to the account in the name of the Defendant at least four times from April 11, 2016 to the 20th day of the same month and acquired it by money.

2. On June 2016, the Defendant obtained the loan money from the lender on June 2016, 2016, saying, “The Defendant may borrow money to obtain a room because he/she has no place to do so,” and may immediately repay the business funds to the lender on the part of the lender.”

However, in fact, the Defendant did not intend to use the borrowed money for a new business, did not have any particular profit in the gas station operated at the time, and had a debt equivalent to 50 million won, and did not have any disposalable property. Therefore, even if the Defendant borrowed money from the injured party, he did not have any intent or ability to repay the borrowed money.

On June 6, 2016, the Defendant had the victim do so.