A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who has operated the restaurant with the trade name “C” in the G when the Defendant is in harmony.

1. Around July 2017, the Defendant made a false statement to the effect that “A victim D who operates a supplier of food materials, etc., such as food materials, will pay the cost immediately if he/she delivers food materials, etc. to a restaurant.”

However, at that time, the Defendant continued to suffer losses through the above restaurant operation without any particular property. Since the Defendant had already been in arrears with the obligation to pay for the goods equivalent to KRW 15,460,000 for the said victim, there was no intention or ability to pay for the amount properly even if the Defendant received the continuous supply of goods from the victim.

As above, the Defendant, by deceiving the victim as above, received food materials, etc. equivalent to KRW 1,852,627 in total at the market price on July 31, 2017 from the victim, and received food materials, etc. equivalent to KRW 14,987,052 in total at the market price from that time until December 31 of the same year, as stated in the attached list of crimes.

2. On July 25, 2017, the Defendant made a false statement to the effect that “Around July 25, 2017, the Defendant would use money for about 15 days from lending money to B” by posting a phone to the said victim.

However, even if the Defendant borrowed money from the victim, it was thought that it would be used as gambling funds and the Defendant’s repayment of the Defendant’s obligation. Since the Defendant continued losses without any specific property as stated in the above paragraph (1), the Defendant did not have any intent or ability to pay the money properly to the victim.

As above, on July 26, 2017, the Defendant deceivings the victim and caused the victim to transfer KRW 1.5 million to an enterprise bank account in the name of E designated by the Defendant, KRW 1.5 million to an enterprise bank account in the name of F designated by the Defendant on August 7, 2017, and KRW 3 million to the same account on the 14th day of the same month.