A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[200 high group 1175] On July 2, 2010, the Defendant made a false statement to the effect that “A restaurant operated by the Defendant in Seo-gu, Seo-gu, Gwangju would open the restaurant along with E, a person who knows a restaurant. If the Defendant borrowed KRW 20 million, the Defendant would be entitled to receive alcoholic beverages from the liquor company with the money.” The Defendant would have paid KRW 1 million each month.

However, in fact, the Defendant was unable to operate a restaurant due to the lessor’s failure to pay rent more than three times from September 2009, including the fact that the lessor lost on April 2010 due to the termination of the lease contract, and there was no intention or ability to complete payment even if he borrowed money from the victim.

As such, the Defendant, by deceiving the victim, received total of KRW 20 million, including KRW 5 million on July 2, 2010, KRW 10 million on July 6, 2010, and KRW 5 million on July 8, 2010, to the Agricultural Cooperative Account under the name of the Defendant managed by the Defendant from the victim.

[2020 high group 1379] On July 14, 2010, the Defendant made a false statement to the effect that “If the Defendant lent KRW 47 million as the operating fund is urgently needed, he/she will pay the victim F in three installments until October 13, 2010.” In this case, the Defendant would transfer the deposits of the restaurant building.”

However, in fact, the Defendant was unable to operate a restaurant due to the lessor’s failure to pay rent more than three times from September 2009, due to the lessor’s lease contract termination, etc., and lost around April 2010. Even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to repay the money.

Around July 14, 2010, the Defendant deceiving the victim and deceiving the victim, and around July 14, 2010, the Defendant was 20 million won with the Gwangju Bank account in the name of Defendant G, Defendant G, and 1,056,000 won with the new bank account in the name of Defendant H, Defendant Branch, and 1,056,000 won with the new bank account in the name of Defendant H on July 14, 2010, and the Gwangju Bank account in the name of Defendant G, Defendant’s branch on July 15, 2010.