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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
From July 31, 2013 to September 29, 2017, the Defendant operated a post facto cook with the trade name “D”.
1. On February 2, 2017, the Defendant was operating KRW 70 million, namely, the victim F at the 7th floor of the building in Sinpo-si, Sinpo-si, Sinpo-si, the Defendant was operating the said facility with approximately KRW 200-3,000 to KRW 30 million every month.
In addition, a loan of KRW 70,000,000 from March to 13th of each month to take over the post-industrial kitchen of "H" in Seoul G shall be paid interest of KRW 2.1 million between March and February 13, 202, and the principal shall be repaid until February 13, 2020.
The phrase “ makes a false statement.”
However, in fact, the Defendant: (a) had no special property at the time; (b) there was a debt worth KRW 692 million per month; (c) there was a need to pay interest of KRW 700,000 per month and operating expenses of KRW 65,000 per month; and (d) there was a lusent suit in arrears with the rent of KRW 100,000 per month around June 2016; and (c) before this case, the Defendant had been in arrears with the payment of taxes of KRW 20,00,000 while operating the 'I' after childbirth; and (d) in light of the fact that the Defendant used the money borrowed from the damaged person to repay its obligations to J, there was no intention or ability to pay the borrowed money as agreed.
Accordingly, on February 13, 2017, the Defendant: (a) by deceiving the victim by such method; and (b) transferred KRW 70 million to the Saemaul Treasury Account in the name of the Defendant.
2. around May 2017, the Defendant of KRW 100 million paid to the Victim F, the deposit and other expenses incurred in acquiring the current “H” after the childbirth, to the Victim F, and the operator of the business. Although the registration of the business remains longer, KRW 100 million is additionally required for the acquisition.
In the case of loan of KRW 100 million, the principal and interest shall be paid at KRW 25 million within 2 months by receiving KRW 100 million from the shop, the low-income company, and the divided oil company.