A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is a person operating a restaurant in the name of “C” on the second floor of the building in Gangseo-si from 2012 to 2017, and the victim D is a manager of the said B.

On May 23, 2016, the Defendant stated that “Around May 23, 2016, the Defendant loaned money to the victim only KRW 10 million in preference to whether the money may be lent to a more needed room due to the lack of operating expenses for Afins, Afins, and the amount of the principal shall be repaid three months after the payment of the principal and payment of the interest twice a month.”

However, in fact, the defendant had no intention or ability to pay the above loan and interest in full, as well as that he thought that most of the loan borrowed from the victim will be used as the living cost.

Nevertheless, the Defendant made a false statement as above and received KRW 10 million from the victim’s account of community credit cooperatives designated by the Defendant on the same day, and continued to make such false statement to the victim on May 25, 2016, and received KRW 5 million through the above account on or around May 31, 2016, and received KRW 5 million from the above account. At around that time, the Defendant paid KRW 20 million to the victim by May 22, 2017, and made a false statement that he would pay interest on KRW 3,00,000,000 of the above borrowed amount, and prepared a certificate of money borrowed.

Then, around October 27, 2016, the Defendant made a false statement to the victim that “I will lend money to the victim more than 5 million won or more than 5 million won,” and that I received KRW 25 million in total for about five months, such as receiving transfer of money from the victim through a bank account designated by the Defendant on the same day.”

Accordingly, the defendant was granted property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to data submitted by complainant;

1. The punishment of Article 347 (1) of the Criminal Act concerning the facts constituting the crime;