A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

around 2017, the Defendant was a person who operated an entertainment drinking house in the Heung-gu Seoul Metropolitan City B.

1. On December 14, 2017, the Defendant: (a) borrowed 30 million won in the name of land purchase fund; (b) stated that, at the victim E’s house known to the Defendant as a line engaged in the same type of business as the Pyeongtaek-gu Seoul apartment apartment D, Chungcheongnam-gu; and (c) that, at the victim E-house, there is insufficient funds for purchase to purchase the land located in the Chungcheongnam-gu, Chungcheongnam-gu, Seoul; (b) if the Defendant borrowed 30 million won, he would purchase the land and repay the land after selling part of the land.”

However, in fact, the Defendant had no plan to purchase land and planned to use the money borrowed from the victim as illegal gambling site investments, etc., and there was no intention or ability to repay the money borrowed from the victim due to other debt of KRW 120 million at the time.

Nevertheless, the Defendant, by deceiving the victim E as above, received 30 million won from the victim to the Agricultural Cooperative (G) account in F on December 14, 2017 and acquired 30 million won from the victim as the borrowed money.

2. On January 2019, the Defendant borrowed KRW 35 million in the name of the funds for the operation of the sidewalk, saying, “I would operate the sidewalk at the Cheongju-si B, Cheongju-si. It is necessary to operate the sidewalk at the Cheongju-si. If the operating funds are lent KRW 35 million, 100,000 per day until the amount invested is double the amount invested.”

However, at the time of fact, the Defendant had a debt of 60,000 won or more to the entertainment workers because the management of the entertainment establishments operated at the time was difficult, and the amount of 30,000,000 won to the sports earth entertainment was hot, and the Defendant did not have an intent or ability to repay the principal and interest of 10,000 won each day until the loan is double, even if the amount of 35,00,000 won was borrowed from the victim for the news entertainment operation fund.

Nevertheless, the defendant deceiving the victim E and belongs to it.