A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. Around April 2012, the Defendant against the victim C made a false statement to the victim C, stating, “E” in front of the restaurant run by the Defendant “E” (hereinafter “E”), that “A victim C shall have a share of “F”, and he/she shall have a loaned operating funds after one month.”

However, in fact, the Defendant did not have the above clothes, and was thought to use the money borrowed from the victim as a debt repayment. At the time, the Defendant had a debt equivalent to KRW 90 million, which is equivalent to KRW 200 million, and wife G was obligated to pay the principal and interest equivalent to KRW 10 million each month with the operating profit of the above restaurant, and even if he borrowed money from the victim, there was no intention or ability to pay the money.

Nevertheless, the Defendant received a total of KRW 20 million from May 25, 2012 to the account of community credit cooperatives in the above G name two times from May 25, 2012 to June 1, 2012.

Accordingly, the defendant was given property by deceiving the victim.

2. Around November 2, 2012, the Defendant made a false statement to the victim H that “A” restaurant “E” had the victim H’s share of “F’s clothes, and may benefit from the purchase of spring clothes in advance, and if operating funds are lent, it shall be repaid in spring.”

However, in fact, the Defendant did not have the above clothes, and was thought to use the money borrowed from the victim as a debt repayment. At the time, the Defendant had a debt equivalent to KRW 110 million in the amount of KRW 20 million, and the Defendant was also obligated to pay the principal and interest equivalent to KRW 10 million each month with the operating profit of the above restaurant, and thus, there was no intention or ability to pay the money even if he borrowed money from the victim.

Nevertheless, the defendant is against the victim on November 2, 2012.