A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[2017 Highest 5163] On June 4, 2016, the Defendant operates a “F dan” dan in the “D” coffee shop located in Busan East-gu, Busan, around June 4, 2016, to the victim E, and the operating expenses are urgently needed due to employees’ monthly pay and tax issues.

When lending KRW 20 million, 100,000 shall be paid monthly interest and the principal shall be paid within one year.

The phrase “ makes a false statement.”

However, in fact, the Defendant was liable to pay more than KRW 100 million at the time, and the said “F”, which the Defendant operated, paid to the enemy the amount of KRW 2 million per month. Thus, even if he borrowed money from the injured party, he did not have any intention or ability to pay it up to the due date.

Nevertheless, the Defendant, on June 4, 2016, received from the injured party the transfer of KRW 20 million from the Busan Bank account (H) in the name of his/her own Dong, to the Busan Bank account (H) on a loan basis, and acquired it by deceiving the injured party as above from the injured party on June 7, 2016, KRW 28.5 million around June 12, 2016, KRW 4.755 million around June 14, 2016, KRW 2850,000 around June 14, 2016, and KRW 277,9 million around July 17, 2016.

[2017 Highest 5403]

1. On June 22, 2016, the Defendant did not make any money to the Victim K to start up the F main points in Kimhae-si L and to female employees at the J coffee shop located in Busan-dong, Busan-gu, Busan-do around 14:00.

“A false statement was made to lend KRW 15 million to a third party at a prompt time.”

However, the Defendant was liable for the Defendant’s debt worth KRW 56,100,000 to E, and the Defendant was liable for the Defendant’s debt worth KRW 130,000,000 to M. At the time, the main points of the Defendant’s operation were the enemy’s state, and thus, the Defendant did not have any intent or ability to repay the debt even if she borrowed money from the injured party.

The defendant deceivings the victim as above, and is the defendant's 1,4250,000 won under the name of the same day from the damaged person.