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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[2014 Highest 1156] On June 1, 2008, the Defendant stated that “the mother-child shall not transfer the money for lease on a deposit basis in the transfer of the restaurant to the victim C” on June 1, 2008, the Defendant shall not transfer the money for lease on a deposit basis. If the mother-child shall lend the money for lease of KRW 80 million to the two months, the Defendant shall pay the money within the two months” from the victim who believed it to the Defendant’s bank account, and the same month from the same victim.
9. received remittance of KRW 30 million in total and KRW 80 million.
However, at the time, the defendant continued to have been put in the restaurant with the amount equivalent to KRW 20,000,000 and opened the restaurant and operated by his/her mother, and even if he/she disposes of the above restaurant with four credit cards, he/she did not have the ability to pay money to the victim.
As above, the Defendant, by deceiving the victim, acquired 80 million won from the victim.
[2014 Highest 2274] On September 22, 2008, the Defendant issued one copy of a promissory note with face value of 31 million won issued by the said company (payment date January 20, 2009), which was issued by the victim F, to the effect that “if the said promissory note is urgently needed, it would be repaid not later than the payment date of the face value of the said note” to the victim F.
In addition, on January 29, 2009, the Defendant issued one copy of promissory note with a face value of 21 million won issued by the said company (payment date March 31, 2009) from the victim F, to the effect that “First of all, the sum of the borrowed bills would be leased to the victim F at once on the due date.”
However, the defendant has borne the debt amounting to KRW 300 million to the creditor C, and the loss has been sustained in the restaurant operated under the name of the defendant's mother.