A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

1. 식당운영자금 명목 편취 피고인은 2017년 7월경 천안시 B에 있는 피고인의 주거지에서 평소 알고 지내던 피해자 C에게 전화를 걸어 “아는 동생이 성거읍에 좋은 가게를 내놨는데, 권리금도 싸게 준다고 해서 그곳에서 한식뷔페를 운영하려고 한다, 당장 돈이 없으니 3,000만 원만 빌려주면 매월 이자 150만 원 정도를 지급해 주고, 원금은 3년 이내에 지급해 주겠다”는 취지로 거짓말하였다.

However, the defendant did not have any particular occupation at the time, and did not properly pay for card payments and communication expenses, and even if he borrowed money from the victim, he thought to use it as living expenses, and he did not have the intention or ability to take over and operate the Han Flux restaurant.

Nevertheless, as above, the Defendant, by deceiving the victim as above, acquired KRW 27,850,00 on July 21, 2017 from the victim to the Defendant’s wife’s account in the name of the Defendant, and acquired it by fraud.

2. On February 2018, the Defendant made a false statement to the effect that “The Defendant would give phone calls to the said victim at the Defendant’s residence located in Boan-si B to lend KRW 4,00,000,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

However, in fact, the defendant was unable to pay the deposit of the E cafeteria, was thought to use it as a personal debt repayment, etc. with money from the victim, and there was no intention or ability to pay it properly even if he received money from the victim because he did not have any particular property or profit and does not raise money properly.

Nevertheless, as seen above, the Defendant deceivings the victim and deceivings the victim from the victim on February 28, 2018.