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

An application filed by an applicant for compensation shall be dismissed.

Punishment of the crime

On March 20, 2012, at the office located in Seo-gu, Daejeon around March 20, the Defendant: (a) planned to change the “E” restaurant to another restaurant; and (b) if the Defendant borrowed KRW 50 million as the need for funds, such as interior services, to lend KRW 50 million, 50 million, the Defendant would have repaid the above restaurant after one year; and (c) as security for the loan money, the Defendant would have the lease deposit in the above restaurant (Seoul 2nd floor) and the business license in the above restaurant.

"......"

However, as seen above, the Defendant, as at the time of borrowing the loan, has reached an amount of KRW 200 million, and the business performance of the above restaurant has been poor, and the Defendant’s income is insufficient to repay the debt interest, and thus, even if the Defendant borrowed money from the victim with a high-rate loan due to the shortage of the loan interest rate, the Defendant should first use the borrowed money in repayment of the debt. Therefore, there was no ability or intent to pay the borrowed money as agreed, and there was no ability or intent to provide the borrowed money as a security for the borrowed money.

The Defendant received 50 million won from the victim as the borrowed money on the same day.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Each prosecutor's protocol of examination of part of the accused (including G and H substitute part);

1. Each prosecutor's statement concerning I, J, H, K, and L;

1. Statement to C by the police;

1. Complaints, notarial deeds, notice of assignment of claims, written agreement, M building lease agreement (No. 5 in the evidence list);

1. Investigation report (No. 24 of the evidence list), each investigation report (No. 34, 43, 45 of the evidence list);

1. Each defendant asserts that he/she did not have any criminal intent to acquire money by deception because he/she has the intent and ability to repay money in the criminal facts stated in the judgment.

Subject to the subjective element of fraud.