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A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
Reasons
Punishment of the crime
around September 2018, the Defendant used approximately KRW 100 million to open a restaurant in Gwangju Mine-gu, and operated the said restaurant by lending money from the neighbors, while the operation of the restaurant continued, the Defendant applied for operating expenses, etc. of the leased money to cover approximately KRW 200 million, and applied for KRW 50 million from the land owners around the end of January 2019 and acquired KRW 50 million from the land owners in Gwangju Mine-gu, by using KRW 40 million from the land owners around the end of January 2019. However, the Defendant respondeded to the method of return of the name, such as repayment of the debt he borrowed money from the surrounding persons due to the lack of business.
1. Around October 26, 2018, the defrauded concluded that “If the Defendant borrowed KRW 20 million to the Victim F, the Defendant would pay the principal to the Victim F with no mold on March 26, 2019, the Defendant would pay the principal amount of KRW 200,000,000 as interest per month, after five months from March 26, 2019.”
However, the Defendant, around that time, was liable for a debt amounting to approximately KRW 100 million, and the enemy continued to accumulate a accumulated amount due to the business depression of the above C cafeteria, and there was no other property to use to repay the urgent debt when the victim receives money from the victim. Therefore, even if the Defendant borrowed the above money, there was no intention or ability to repay the debt normally.
As such, the Defendant, by deceiving the victim, received KRW 5,00,00 from the Defendant’s bank account (Account Number: G) around October 26, 2018, under the pretext of borrowing money from the victim, and by deceiving the victims as stated in the crime list, from around May 7, 2019, received KRW 20,000 from the victim F, and acquired KRW 45,50,000 from the victim H, KRW 42,00,00 from the victim I, KRW 9,50,00 from the victim J, and KRW 9,40,00 from the victim K, respectively.
2. The Defendant’s occupational embezzlement is against the Victim F around June 10, 2019.