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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On February 23, 2017, the Defendant, at the office located in Seo-gu, Seo-gu, Incheon, A, and Dong 201, read the name “E Chief Vice-Chairperson” to the victim D, and concluded a restaurant operation contract with the victim, “If the victim lends KRW 100,000,000,000,000,000,000,000,000,000,000,000 won.
From March 1, 201, the civil engineering corporation began to open a restaurant, thereby making a false statement.
However, at the time of fact, there is no fact that the defendant was entrusted with the authority related to the operation of the restaurant from the Domin Construction, and the Domin Construction did not have the operation plan of the restaurant and did not have the intention or ability to allow the operation of the restaurant as agreed even if he did not receive money from the injured party.
As such, the Defendant, by deceiving the victim, received a total of KRW 10 million from the victim, to the Agricultural Cooperative Account (G) in the name of father on the same day, and obtained a transfer of KRW 90 million to the same account on February 24, 2017, including KRW 90 million.
2. While the Defendant was urged by the victim D to return the borrowed money borrowed from him/her in relation to the above restaurant, the Defendant was not on June 9, 2017 (see, e.g., Supreme Court Decision 300~500, Sept. 6, 2017) to the victim of Kakao Stockholm at a place where around June 9, 2017 (see, e.g., Supreme Court Decision 200Da3000, Sept. 6, 201
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1. Messenger
In the following week, the victim was deceiving the victim as if he/she would resolve the problem of the loan of Paragraph 1 above within the next week.
However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to resolve the borrowed money related to the restaurant within one week.
The Defendant, as above, by deceiving the victim, received KRW 2 million from the Agricultural Cooperative Account (3510950303032013) in the name of support IMC designated by the Defendant on the same day from the victim and acquired it by defrauded.
Summary of Evidence
1. The defendant's person;