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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On September 15, 2013, the Defendant stated, “Around September 15, 2013, at the D restaurant operated by the Defendant in Gangseo-gu Seoul Metropolitan Government, the victim E is seeking to open a F F franchise restaurant. If the victim E lends KRW 15 million with its initial operation funds, etc., he/she shall pay interest on a monthly 4%, and complete payment within six months.”
However, in fact, from around 2010 to around 50,000 won, the Defendant had no capacity or intent to repay principal and interest as promised to borrow money to the victim because it was difficult to operate the D cafeteria due to the difficulty in operating the D cafeteria. Therefore, even if the Defendant borrowed money from the victim.
Nevertheless, the Defendant, by deceiving the victim as such, received KRW 14.4 million from the victim to the bank account in the name of the Defendant on the 21st of the same month.
2. On February 16, 2014, the Defendant stated that, from the FF of the Defendant’s operation in Gangseo-gu Seoul Metropolitan Government, the victim E “I will pay interest on three (3) parts per month if I lend 5 million won with her studio subsidies because I want to take care of the her mother, who was hospitalized in a hospital with four (4) workplace cancer hospital.”
However, in fact, the Defendant was in a situation where the liabilities have increased rather than the preceding paragraph at the time, and it was difficult to operate a restaurant to the extent that it is difficult to settle the price, so even if the Defendant borrowed money from the victim, he did not have the ability or intent to repay the principal and interest as agreed.
Nevertheless, the Defendant, as such, by deceiving the victim, received 4,850,000 won from the victim to the above account on the 22th of the same month.
3. On July 15, 2014, the Defendant stated that “A victim E would have a monthly interest on KRW 30 million if he/she lent to the victim E the deposit and the interior cost to obtain more than the second floor of the current F building.”