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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On December 2016, 2016, the Defendant: “The Chairperson of the Dispute Settlement Bank D, who is the chairperson of the Dispute Settlement Bank D, has been operating the F restaurant in the Southern-gu Incheon Metropolitan City E.
The monthly sales of the restaurant are KRW 400-500,000, and the restaurant acquisition fund is KRW 280,000,000 and KRW 280,000,000,000, and it is difficult for the restaurant to pay money. The remainder of the money is paid by acquiring the restaurant and defective in the business. The payment will be settled as the business revenue is deposited in KRW 1,000,000,000,000,000,000.
“A false statement was made”, etc.
However, in fact, even if the defendant received the restaurant acquisition fund from the injured party, he was expected to consume it for other purposes, such as personal business related to the defendant's real estate, and there was no sufficient ability to prepare and disburse the defendant's funds for the above restaurant acquisition, and eventually there was no intention or ability to acquire business profits at the time, and there was no specific plan to obtain business profits at the time, and there was no bad credit standing and no special property, and there was no intention or ability to pay the proceeds even if the defendant borrowed the
As such, the Defendant, by deceiving the victim, received KRW 1 million from the victim to the H bank account under the name of G managed by the Defendant on December 7, 2016, and received KRW 139,965,500 in total on 40 occasions from around that time to June 14, 2017, as shown in the list of crimes (Ⅰ) in attached Form 139,965,50 in the name of restaurant acquisition fund, as shown in the list of crimes in attached Form 2, and received KRW 11,691,017 in the amount of credit card loans from the victim from around February 10, 2017 to May 1, 2017, as in the list of crimes in attached Form 151,656,517 in total due to failure to pay the amount.