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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The criminal defendant against the victim B is a person who operates a "D" drinking house in Chungcheongnam-si, Chungcheongnam-si.
On October 19, 2016, the Defendant concluded a contract for the supply of alcoholic beverages with the victim B, and concluded a false statement with the employee in charge of the victim, stating, “A person who lends KRW 30 million as business support fund to interest free of charge, shall pay 20,000 won each month from December 15, 2016 to July 15, 2018.”
However, at the time, the Defendant had been suffering from business difficulties since September 2016, and was responsible for the loan to the lending company, etc., so even if borrowing KRW 30 million from the victim, there was no intention or ability to repay the loan in accordance with the agreement.
On November 16, 2016, the Defendant, by deceiving the victim as above, had the victim transfer the amount of KRW 30 million to the company bank account in the name of the former transaction partner of the Defendant, to the company bank account in the name of the Defendant’s former transaction partner, under the name of the Defendant’s repayment of the unpaid liquor amount, and acquired financial profits equivalent to the same amount.
2. Around March 21, 2017, the criminal defendant against the victim F made a false statement to the victim F that “If the victim F has no money to pay alcoholic beverages, he/she would have to repay alcoholic beverages until the end of March 2017, because he/she borrowed alcoholic beverages.”
However, at the time, the Defendant did not normally operate the “D” due to business difficulties, and did not have any intent or ability to repay the credit card payment as agreed even if the Defendant borrowed money from the victim because it bears a large number of obligations to the lending company and bears the overdue obligation of the credit card payment.
As above, the Defendant, by deceiving the victim, received KRW 5 million from the victim’s account in the name of the Defendant on March 21, 2017.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning G and F;
1. Each complaint, full certificate of registered matters, business registration certificate, a monetary loan contract and alcoholic beverage supply contract, a certificate of seal impression, account books, and current status of bonds; and