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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
1. On February 15, 2016, the Defendant, under the name of the restaurant operating fund, made a false statement to the victim E, who became aware of a customer from the restaurant in the name of “D” in the name of “D” operated by the Defendant in Gunsan-si, Si, Si, Gun, stating that “on September 2016, the amount to be used for the restaurant operating fund is required to be repaid without paying the term “on September 2016, as the amount to be used for the restaurant operating fund is necessary.”
However, in September 2016, the Defendant did not have a plan to evade the payment of the time, and there was no special income from the funeral service at the time, and there was no intention or ability to make timely repayment even if he did not receive the said money from the injured party.
Defendant deceiving the victim as above and received 5 million won from the victim to the F account (G) in the name of the Defendant on the same day on the same day from the victim, and acquired by transfer the total amount of KRW 10 million through three times from that time to May 31 of the same year, such as the list of crimes in the attached Table.
2. On March 2016, the Defendant, as the funds for restaurant opening business, opened and operated a restaurant with H in the name of “J” in the name of “J” at H, Gunsan City, and, in fact, lent KRW 40 million from the victim E to the victim for the actual use of KRW 30 million as the funds for restaurant opening business, respectively, the Defendant decided to pay the victim the remainder of KRW 15 million used by the Defendant on his own.
Accordingly, the Defendant tried to open and operate a restaurant with H as the name of “J” at the Defendant’s house located in Gunsan-si, Sinsan-si, the 13th day of the same month. On May 2016, the Defendant made a false statement that “Around May 2016, H would pay KRW 15 million for the opening of the business, and the remainder would be repaid without the form of money in September 2016.”
However, in September 2016, the Defendant did not have a plan to withdraw the time limit, and the funeral service is well at the time.