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A defendant shall be punished by imprisonment for six months.
The defendant pays 39 million won to the applicant for compensation by deceit.
3.2
Reasons
Punishment of the crime
After becoming aware of the victim C around 198, the Defendant frequently visited the victim to the E main district located in Mapo-gu Seoul Metropolitan Government D located in Mapo-gu, which is operated by the victim, and the ordinary defendant has owned the land inherited from his father-child, and his family has also been able to lend money from his family at any time.
1. On September 7, 2011, the Defendant stated that “The sales in operating the original restaurant is reasonable. The Defendant loaned KRW 3 million to the Defendant, who is insufficient to obtain a full-time tax due to the inconvenience of living at the same Dong and Han Dong house, to repay it with the interest of two copies per month after one month.”
However, in fact, the restaurant is operated by the defendant's female members in lots, and the defendant's activities at the place and received KRW 1,700,000 per month, and the defendant was not able to operate the restaurant or occupy a considerable part of the profits of the restaurant. At the time, the defendant did not have any particular property and did not have any intent or ability to pay the principal and interest at the time of repayment promised to pay the principal and interest even if he borrowed money from the victim
Nevertheless, the Defendant, as seen above, was issued KRW 3 million in cash from the victim on the same day on the same day.
2. On November 1, 2011, the Defendant stated, at the above E’s point, that “the Defendant would have closed down the original restaurant, and try to purchase the wing vehicle so that he would have left the restaurant, thereby doing business for the private teaching institute students. The Defendant invested in the business of supplying goods at the convenience store within one month, but the amount of money would be increased to KRW 20 million after one month, and then the Defendant would be paid KRW 20 million for the purchase cost of the wing vehicle.”
However, the defendant did not have invested in the convenience store business, and even if he did not borrow money from the victim due to no particular property or income, the principal and interest is promised.