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A defendant shall be punished by imprisonment for not less than eight 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
The Defendant is a person who has operated a restaurant under the trade name of “C” in Jincheon-gun B.
1. On January 1, 2015, the Defendant made a false statement to the victim D, stating that “The Defendant would supply the c with red powder powder and water and pay the ching price.”
However, at the time of fact, while the above restaurant was sold, the Defendant did not have any intent or ability to pay the proceeds from time to time, even if he received the payment from the injured party, such as the payment of interest equivalent to KRW 10 million per month to the obligees for the excessive debt, including bonds and bonds.
Nevertheless, the Defendant, as such, by deceiving the victim, received from the victim, and from January 21, 2015 to June 1, 2016, the Defendant supplied 5,494,000 won of the market price and her water and her water.
2. Around August 13, 2015, the Defendant made a false statement to the victim E as “a request to lend five million won or more after the second month.” However, at the time of fact, the sales of the above restaurant did not have any debt exceeding 300 million won, including bonds, while the Defendant was at the same time liable to pay the creditors interest equivalent to KRW 10 million per month in the form of “defluencing”, the creditors did not have any intent or ability to pay such interest at once. Nevertheless, the Defendant was urged by the victim as such, and was paid five million won in the form of a check from the victim on the same day. On October 2015, the Defendant was paid five million won in the form of a check by the victim. On June 3, 2015, the Defendant extended the victim’s house at the time, “25 million won or more, 7.5 million won interest, 7.5 million won per month, and 8.6.8 million interest from the Defendant’s maturity to the end of August 26, 2016.”
However, in fact, while the sale of the above restaurant was poor, the defendant was liable for debts of not less than 300 million won, including bonds and debts.