A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 20, 2015, the Defendant: (a) in the “C coffee shop” operated by the Defendant in Seo-gu Daejeon, Daejeon on December 20, 2015, the Defendant borrowed KRW 50 million from E at the time of opening a coffee shop, and (b) deposited E with the bondholder in excess of its credit.

The payment of money is threatened as soon as possible.

In addition, if E does not pay the money to E, it is called to transfer the name of coffee shop to E.

The amount of money shall be paid in full, and if the amount of money shall be lent in KRW 30 million, the amount of money shall be repaid in preference to all others, and the amount of money borrowed shall be repaid in six months.

The phrase “a loan shall be made to the maximum extent possible” means a loan.

However, the defendant tried to use the existing debt amount of 200 million won, and even if he/she borrows money from the injured party while having no profit in the coffee shop sales, he/she did not have the purpose of paying the debt amount to E, but did not have the intent or ability to pay the victim's money as agreed.

Nevertheless, on December 21, 2015, the Defendant, by deceiving the victim as above, obtained KRW 22 million from the F bank account (G account number) in the name of the Defendant from the victim, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement made in the police statement protocol with D;

1. Statement of the verification of transfer of Internet banking;

1. Application of Acts and subordinate statutes entered in the list of personal rehabilitation creditors;

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, absence of the reasoning judgment on the sentence of imprisonment, fraud, methods and scale, victim’s severe punishment, and two times of fines for the same crime, etc.