A defendant shall be punished by imprisonment for six months.

Criminal facts

From April 2014, the Defendant, “2016 Highest 232,” had been aware of the victim F who was a guest while operating the E-type restaurant located in Seojin-gu, Seoul Special Metropolitan City around April 2014, and had been in the relationship with the victim.

1. Fraud;

A. The Defendant did not have any particular property in the name of the Defendant, in addition to the monthly income of KRW 2 million earned in the course of operating the above restaurant, and rather did not have any intent or ability to complete payment even if the Defendant borrowed money from another person, as it is under circumstances in which the Defendant demanded the repayment of KRW 38 million from another person.

Nevertheless, at the end of December 2014, the Defendant made a false statement that “The Defendant would pay the victim an urgent amount of money. The Defendant would pay the interest equivalent to 7% per month with the payment of money up to May 30, 2015, and would lend money in trust to the Defendant.”

As above, the Defendant, by deceiving the victim, received KRW 10 million in total from the victim, including KRW 4 million on December 23, 2014, KRW 10 million on January 2, 2015, and KRW 5 million on January 12, 2015.

B. On January 2015, the Defendant: (a) at the early restaurant, the Defendant did not have a building owned by the Defendant; (b) did not wish to repay the Defendant’s paid debt with money from the victim; and (c) on the grounds as seen earlier, even though the Defendant did not have any intent or ability to repay the money from the victim, the Defendant stated that “it is located in the part of the building owned by the Defendant, and is in the part of the victim who would be liable to pay the principal immediately. If the Defendant borrowed KRW 20 million, the Defendant could resolve the loan.”

As above, the Defendant, by deceiving the victim, received KRW 20 million from the victim around February 25, 2015.

2. At around 23:00 on April 9, 2015, the injured Defendant leased a car to be well operated in the restaurant in front of the E-cafeteria cafeteria operated by the Defendant, which is located in Seojin-gu, Seojin-gu, Seoul.