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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.
Reasons
Punishment of the crime
1. Fraud against the victim B;
A. On September 18, 2012, the Defendant stated that “D cafeteria” operated by the Defendant in Yangju-si, and that “A victim B, who had been aware of it for a long time as a dong resident, with no food cost, is difficult to operate a restaurant. In other words, the Defendant loaned money to the Defendant as a cost of living in return for the money to be repaid, the cost of operating the restaurant, etc.”
However, at the time, the Defendant had difficulty in making financial conditions, such as lending a credit card to a person who was bad in credit transaction without any special property at the time, and was living in the so-called “debt repayment” by lending money from other persons and repaying it. Thus, even if the Defendant borrowed money from the victim, there was no clear plan to repay the borrowed money, and even if the Defendant had already been liable for the total amount of KRW 15 million or more, there was no intention or ability to pay the borrowed money from the victim.
On the same day, the Defendant received 2 million won in the name of the borrowed money from the victim to the F Association account in the name of E in the same name of the Defendant.
B. On September 1, 2015, the Defendant: (a) at the “H restaurant” in the “H restaurant” operated by the victim in Yangju-si, Yangju-si; (b) loaned KRW 5 million to the said victim because he/she has to pay the card value; and (c) provided, that the Defendant would pay KRW 7 million with the previous loaning KRW 2 million.”
However, in fact, the Defendant had already been in excess of KRW 15 million in total with the principal due to the extension of the restaurant at the time, and had been living in the so-called “a repayment of debt” by lending money from the other parties and repaying it to the other parties, and thus, there was no clear plan to repay the loan even if the Defendant borrowed money from the victim, even if it received KRW 10 million from the other parties.