A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. Around February 2011, the Defendant against the victim C made a false statement that “If the Defendant borrowed money from the victim C who was aware of the fact that it is necessary to pay the money, he/she would pay the principal to the other person on the basis of the loan.” Around February 201, the Defendant, while running a restaurant business, was unable to pay the loan amount of KRW 3 million per month or the principal and interest of the loan amount to be repaid at KRW 5 million per month. Therefore, even if he/she borrowed money from the victim C who was aware of the fact while running the restaurant, he/she would not have any intention or ability to return the money, he/she would have the victim’s interest to be paid at KRW 5% per annum, and around December 2011, he/she acquired the victim’s loan amount from the victim on the pretext of the loan amount of KRW 5 million on February 5, 2011, KRW 400 million on April 200, KRW 131,2011.

2. On April 12, 2012, the Defendant against the victim D, at the “F restaurant” restaurant operated by the Defendant on the 1st floor of the Seongdong-gu Seoul Special Metropolitan City E building, and the Defendant, on such grounds as above, borrowed money from the victim D, who is an employee of the above restaurant, but did not have the intent or ability to pay credit card payment obligations, etc. even if he borrowed it, the Defendant made a false statement to the victim that “if he/she borrowed money from the victim D, he/she would give 60,000 won interest per month and make a full payment without money,” and that he/she shall receive from the victim as a loan, the Defendant shall receive KRW 7 million on April 12, 2012, and KRW 17 million on June 13, 2012, and shall receive KRW 17 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of examination of the accused by the prosecution (including the statement section C and D among the second protocol);

1. Police suspect interrogation protocol of the accused;

1. Statement by the police about C (including D's statement);

1. Cash car certificate, personal rehabilitation case inquiry, copy of each passbook, each loan certificate, letter note, lease contract, or lease contract;