A defendant shall be punished by imprisonment for six months.

The defendant shall pay 28.5 million won to the applicant for compensation. The above compensation order shall be issued.

Punishment of the crime

On September 2, 2016, the Defendant tried to raise the size of food materials sets to the victim E in Daegu-gu Operation of D Victim C on September 2, 2016.

It is necessary to increase the warehouse, and there is a need to pay 30 million won, and there is a demand to lend 30 million won. After the tin month, it will be repaid.

“False speech” was made.

However, at the time of fact, the Defendant was a bad credit holder, and there was no property under the name of the Defendant, and the Defendant was operating food materials in the name of another person due to credit problems, and the Defendant was thought to have used the money borrowed from the damaged party to repay the accounts receivable of the customer and personal debts because the financial situation of food materials in which the Defendant actually operated is not good. Therefore, even if the Defendant borrowed money from the damaged party, there was no intention or ability to pay the money.

Accordingly, the Defendant, by deceiving the victim, was transferred KRW 28.5 million to the Daegu Bank Account in the name of the Defendant on the same day from the victim.

Summary of Evidence

1. Each legal statement of the witness C and F;

1. Statement of part of the protocol on the interrogation of the suspect against the defendant (the purport that the defendant used the money paid by the injured party for the repayment of his/her obligation, unlike the borrowed purpose, and that the principal was not repaid three months after the next three months due to the circumstances at the time of his/her use)

1. Statement made by the police against C;

1. Complaint;

1. A certificate of borrowing, account transaction, etc.;

1. An investigation report (Attachment of a detailed statement of account transactions with a suspect).

However, the Defendant received only the remainder of 18 million won after deducting the Defendant’s debt to F from the money remitted to F account (the Defendant’s intent) and used both the money to repay the debt to the Customer on the day and the following day on which the money was remitted to F account, and the Defendant’s statement to the investigative agency on economic leisure, etc. at the time.