A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On May 8, 2014, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution as a crime of fraud, and the judgment became final and conclusive on May 16, 2014.

On September 26, 2010, the defendant made a false statement to the victim D that "I will immediately repay money if I want to sell things necessary for the restaurant" at the "C cafeteria" operated by the defendant located in Guro-gu Seoul Metropolitan Government.

However, the above "Ccafeteria" was not operated properly from around 2007, and thus, it was difficult to pay food materials, electricity, water supply, monthly rent, etc., and the Defendant had no intention or ability to pay the borrowed money to the victim on the ground that the amount borrowed from the other party without any particular property at the time exceeds KRW 165 million, and the Defendant had no intention or ability to pay the borrowed money to the victim.

Nevertheless, as seen above, the Defendant, by deceiving the victim as above, received KRW 8,500,00 in cash from the victim for the same day as the loan money, and received KRW 38,071,940 in total from around 27 times to around 2013 as indicated in the attached crime list (1).

Accordingly, the defendant was given property by deceiving the victim.

around April 7, 2010, the Defendant made a false statement to the effect that “Along with the loan of money due to a shortage of operating expenses of a restaurant,” the Defendant would be repaid immediately if he/she borrowed money to the victim in the G Center for Management of the Victim F in Guro-gu Seoul, Guro-gu Seoul.”

However, in fact, the restaurant run by the Defendant was not operated properly from around 2007, under which food materials, electricity, water supply, monthly rent, etc. continue to be in arrears. The Defendant thought that the Defendant was able to repay the said debt with the money borrowed from the victim without any particular property at the time, and thus, he was able to do so.