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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant, from mid-of-life on November 2009, operated the instant Age Club in Yeongdeungpo-gu, Seoul (hereinafter “the instant Age Club”) with E. However, the Defendant was unable to pay approximately KRW 150 million for monthly rent and taxes of F, which the Defendant had operated before running the instant Age Club. At the time, the Defendant was in a bad financial situation, such as the Defendant’s personal debt amounting to KRW 200 million, while the Defendant was in a bad financial situation, such as having no assets in the name of the Defendant except for very unreasonable claims, making it difficult for the Defendant to pay profits by operating the instant Age Club, and even if having borrowed money from others, he did not have any intent or ability to complete payment.
Nevertheless, on January 13, 2010, the Defendant made a false statement to the effect that “If the Defendant received money from the victim I for the purpose of operating the HAE, the Defendant would have consumed most of the Defendant’s personal debt, even if he received money from the victim I, it would not use the money for the instant LAE, but would not use it for the instant LAE’s operating fund. However, the Defendant would have little operating funds to operate the HAE together with the Plaintiff, and if the Defendant would have borrowed KRW 200 million with the age club operating fund, the Defendant would use the money for the HAE with the amount of KRW 100,000,000,000 from the amount of KRW 20,000 to KRW 10,000,000,000,000,000 for each of the 3-4 months and later.”
On the same day, the Defendant got the victim to remit 98 million won after deducting 2 million won from the prior interest to the account in the name of the E in the same day, and immediately received 98 million won from the said E to the national bank account in the name of the J.
Accordingly, the defendant deceivings the victim and obtains 98 million won by fraud.
Summary of Evidence
1. Each protocol of examination of the witness to K, I, and E.