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Defendant
A Imprisonment with prison labor for a year and four months, and Defendant B shall be punished by imprisonment for a period of six months.
provided that this ruling has become final and conclusive.
Reasons
Punishment of the crime
[200 high group 14] The Defendants transferred the above restaurant to 1st floor E in Cheongju-si around November 23, 2018 while they operated the Chinese restaurant under the trade name of “D” from around December 2013 to the husband and wife, and operated it until August 20, 2019.
1. Defendants’ fraud
A. On March 2017, the Defendants conspired with the victim F, who was aware of the Defendants in Cheongju-si, U.S. from “D” restaurant operated by the Defendants in Cheongju-si, Cheongju-si, that “The Defendants would use it as a cafeteria business fund, and loan KRW 20,000,000 to 40,000 per month interest. The principal agrees to two years, and if the money is needed, it would be paid in advance.”
However, in fact, even if the Defendants received money from the victims, they did not intend to use it as the fund for the operation of the car, and had already paid interest equivalent to KRW 4 million per month with bonds, and had the intent to repay the existing bonds and use them as living expenses, etc. even if they received the money from the victims. Therefore, even if they received the money from the victims, they did not have the intent or ability to pay it.
Nevertheless, around March 3, 2017, the Defendants were issued KRW 20 million to the G Bank account in Defendant B’s name (H) around March 3, 2017 by false statement to the victim.
B. On May 2019, the Defendants conspired with the victim I to commit fraud against the victim I, who became aware of the Defendants from the restaurant customer at the “D” restaurant operated by the Defendants on the 1st floor, Cheongju-si, Cheongju-si, Cheongju-si, and the Defendant A, “A house in the second floor,” and Defendant A, who, in turn, borrowed money, intends to pay back money by lending money to the victim I. The amount of KRW 25 million.” The Defendant B said that “a house is lent to the victim.”
However, in fact, the defendants live on the above restaurant building without deposit and borrow money from the victims.