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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. The Defendant is a person who, from April 2015, substantially operates the former Si’s B hotel.
Around September 12, 2016, the Defendant made a false statement to the victim C, who was a researcher at the time, stating that “The monthly salary of the above hotel staff is to be paid to the victim C. It is sufficient for the Defendant to repay money to other hotel operators at hand.”
However, in fact, the Defendant was in excess of the obligation, and the above “B” hotel was in the state of deficit, and there was no other hotel in the city of hand, so there was no intention or ability to repay the debt even if the Defendant borrowed money from the victim.
Nevertheless, on September 12, 2016, the Defendant: (a) by deceiving the victim; and (b) had the victim transfer KRW 3 million to the D Daegu Bank Account (E), a hotel employee; and (c) obtained pecuniary benefits equivalent to the said amount.
In addition, from that time to November 9, 2017, the Defendant deceivingd the victim on a total of 23 occasions, such as the attached list of crimes, and received property or acquired property benefits in an amount of KRW 17,037,450 in total from the victim.
2. From August 2015, the Defendant: (a) operated the said “B” hotel in the name of F from around August 2015; (b) requested the victim C, who had been a year of July 2017, to “it is difficult to find out the circumstances of the said B hotel; (c) resolving the sudden financial problem with the victim’s funds; and (d) changing the said B hotel in the name of the victim; and (c) consented, the victim changed the business owner of the said “B” hotel to the victim; and (d) operated the said “B” hotel with the victim.
On December 26, 2017, the Defendant, around December 26, 2017, at the above “B” hotel around December 26, 2017, received KRW 1.3 million from the victim as the account of community credit cooperatives (G) in the name of the Defendant, and kept 9.3 million won in the course of business for the victim.