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A defendant shall be punished by imprisonment for 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. On September 30, 201, the Defendant made a false statement to the effect that “When he/she intends to take over and operate a F cafeteria located in Ansan-si, Ansan-si, the Defendant would have to pay KRW 10 million and KRW 5 million in operating funds to the victim E, he/she would have to pay KRW 195,000 for 10 days until January 10, 2012.”
However, at the time, the Defendant did not have any intent or ability to repay the amount, even if he borrowed money from the victim, such as bank loans, smuggling card payments, and bonds, and the amount of taxes was not paid from time to time, and the restaurant operated also did not have any intention or ability to repay the amount.
The Defendant, by deceiving the victim as above, received KRW 14.7 million from the victim to his own agricultural bank account on the same day, and acquired it by deceiving the victim.
2. On November 201, 201, the Defendant: (a) issued a proposal to the victim to take over and operate the said restaurant at “F” restaurant operated by H, Gapo-si, G 202, G 202; (b) the victim paid KRW 15 million to himself/herself; and (c) the amount of the premium is KRW 130 million in total; and (d) the Defendant paid KRW 20 million in total, including KRW 15 million borrowed from the inside of the Republic of Korea and KRW 5 million borrowed from the inn, and KRW 5 million borrowed from the inn, to H, which is already paid to Hapo-si, the said restaurant. The purport is that “The deposit shall be paid KRW 110 million to H.”
However, in fact, since the premium of the above restaurant was not KRW 90 million but KRW 70 million, the amount to be borne by the complainant was KRW 95 million, and the defendant had already spent KRW 15 million borrowed from the victim due to living expenses, etc. and had not previously paid KRW 20 million to the above restaurant proprietor.
As above, the Defendant deceivings the victim as above, and caused the victim to do so, from November 5, 201 to November 20, 201, H to KRW 95 million.