A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On September 2017, at the “D” restaurant of the victim C’s operation at the same time as the end of the end of the day, the Defendant told the victim to “I will pay the victim within one week after the end of the latest annual leave of absence, with the loan of KRW 50,000,000 as the remainder of the contract is insufficient.”

However, in fact, the Defendant used the above money for operating expenses of the meat processing plant, which was in the course of the repayment and operation of personal debt, rather than the balance under a contract, and at the time, the Defendant had had no intent to use it for the intended purpose even if he borrowed money from the victim due to the company and the Defendant’s personal debt amounting to approximately KRW 140 million, the unpaid wage amount of KRW 44 million to the employees of the company and the Defendant’s personal debt amounting to KRW 14 million, and the unpaid wage amount of KRW 14 million to the employees of the company.

On September 29, 2017, the Defendant, by deceiving the victim as above, received a total of KRW 50 million from the victim to the F Association account (G) in the name of the Defendant, and acquired it by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to filing an accusation, copies of text messages, and investigation reporting;

1. The judgment of conviction and the reasons for sentencing under Article 347 (1) of the Criminal Act of the relevant criminal facts;

1. The Defendant, while recognizing the facts charged in the instant case, denies the intent and intent to obtain fraud while having recognized all of the facts charged.

However, various circumstances recognized as the above evidence, namely, the relationship between the Defendant and the victim, the developments leading up to the instant monetary transaction, in particular the use of the borrowed money that the Defendant talked on the victim or the expected repayment deadline, and the Defendant used it for other purposes, and did not seek understanding from the victim at the time or notify the situation, and the details and time when the Defendant paid the borrowed money to the victim thereafter.