beta
Text
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant is a person who operated a restaurant from August 24, 201 to August 2012 with the trade name D from the second floor of the military building C in Busan Metropolitan City from August 24, 201.
On June 14, 2011, the Defendant made a false statement to the effect that “In order to open a restaurant, the Defendant would pay the victim the cost of construction and the price of supply within three months when he/she supplied the kitchen supplies to the restaurant.”
However, in fact, the Defendant used all the money held at the time as opening business expenses to borrow not only did not have any property, but also borrowed from financial institutions to use 80 million won for opening business expenses, and thus, the Defendant did not have any intent or ability to pay the money even if the Defendant supplied the money for opening business.
The Defendant, as above, deceiving the victim, and let the victim take care of it, from June 201 to June 201, the same year.
8. Until the end, he had a major facility construction in an amount equivalent to KRW 78,481,00, and had a supply of a major facility equivalent to KRW 48,595,650, but did not pay the total amount of KRW 127,076,650, thereby acquiring property benefits equivalent to the same amount.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness F and H;
1. Application of Acts and subordinate statutes to the suspect restaurant drawings, delivery books, facilities construction-related enterprises, and detailed statements of each transaction, list of transactions, list of lists, list of creditors of personal rehabilitation, list of creditors of the suspect, details of passbook transactions, estimates, and each investigation report (report on details of transactions to be submitted by the suspect, review of the suspect's ability
1. Determination of the relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding the criminal facts and the assertion of the defendant and his/her defense counsel
1. The defendant of the allegation shall pay the victim the cost of construction and the cost of supplies for kitchen use within three months.