A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

[2017 Highest 3706] The Defendant is a person who operated a restaurant under the trade name of “C”.

1. The Defendant, from around 2007, was organized and operated as a fraternity, but the fraternity was not operated properly, and was responsible for debts exceeding KRW 80 million in relation to the payment of fraternity dues. On August 2013, the Defendant leased deposits of KRW 20 million and KRW 1.5 million in monthly rent, and opened the restaurant, but the Defendant operated the restaurant, but did not incur any profit due to its low operating, but did not have any credit or asset to secure the change in cash or deposit, while her husbandD was employed as an employee on duty and was living without a certain occupation or income after being affected by an accident at the construction site on July 2014.

Around August 2013, the Defendant, who became aware of having entered the above restaurant customer, was in the same restaurant business, and her husband was able to perform as if he/she had a personal history of running the cafeteria. Of course, her husband borrowed KRW 10 million around that time, and thus, she believed that the victimized person was the Defendant and was a person with financial power and credibility. As such, the Defendant had been willing to use money to repay the shortage of operating funds and existing debts against the victim, and therefore, even if she borrowed money from the victimized person, there was no intent or ability to pay the principal and interest of the borrowed money to the victim as originally promised.

The Defendant, around June 12, 2014, had the victim re-explosive in the above restaurant located in the Dongjak-gu Seoul Metropolitan Government F, and had the husband conduct construction business and run a system other than the restaurant, and extended funds to KRW 7 to 80 million in one month. If the Defendant borrowed money that is needed to pay money, he/she shall use it as the interest of the second part of the month for a period of six months.