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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On October 25, 2008, the Defendant committed a crime on or around October 25, 2008: (a) at C dan-gun B operated by the Defendant on October 25, 2008, the Defendant did not have money in need of money, such as expenses for the repair of the dan, to the victim D.
It shall be repaid within one year from the loan of money.
The phrase “ makes a false statement.”
However, at the time, the Defendant had been liable for other obligations equivalent to KRW 50,000,00, including the overdue charge on the card, and the said dan bar was operated without any property other than KRW 20,000,000, and the said dan bar was under a circumstance that the said dan bar was deducted from the deposit due to the default of monthly rent and public charges, etc., and thus, there was no intention or ability to repay the borrowed money to the victim as promised.
The Defendant, by deceiving the victim, received KRW 15 million in cash from the injured party around that time.
2. On June 2, 2012, the Defendant committed a crime on or around June 2, 2012: (a) there is no money in need of money, such as danran tavern repair expenses, to the victim at the place described in the foregoing paragraph (1).
In the case of lending money, 31 million won will be paid to the money borrowed before it by arranging the danran bar within 5 months.
The phrase “ makes a false statement.”
However, at the time, the Defendant had been liable for other obligations equivalent to KRW 50,000,00, including the overdue charge on the card, and the said dan bar was operated without any property other than KRW 20,000,000, and the said dan bar was under a circumstance that the said dan bar was deducted from the deposit due to the default of monthly rent and public charges, etc., and thus, there was no intention or ability to repay the borrowed money to the victim as promised.
The Defendant, as such, by deceiving the victim, received KRW 16 million in cash from the injured party around that time.
Accordingly, the defendant acquired the total amount of KRW 31 million from the damaged person.
Summary of Evidence
1. The defendant's person;