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Defendant shall be punished by imprisonment for a term of two years and ten months.
Reasons
Punishment of the crime
【The Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Seoul Eastern District Court on January 14, 2009, and the execution of the sentence was terminated at the Seoul Eastern District Court on July 5, 2009. On January 15, 2015, the Seoul East Eastern District Court sentenced four years and six months of imprisonment for fraud, etc. at the Seoul East Eastern District Court, and the said judgment became final and conclusive on September 10, 2015.
[2019 Highest 2972] The Defendant was a person who operated the restaurant ‘C' from May 24, 2012 to Gangnam-gu Seoul.
On November 201, 201, the Defendant: (a) at the mutual infinite coffee shop located in Gangnam-gu Seoul Samsungdong, the Defendant planned to open a restaurant within two months; (b) is currently performing the internal construction; and (c) borrowed money due to a shortage of construction cost; (d) the Defendant may receive a loan as security for a restaurant if the restaurant license is granted after the completion of the construction.
If the money is not paid, it is false that the rent deposit of C restaurant will be paid in KRW 500 million.
However, in fact, it is not clear whether the above C business owner is entitled to receive a loan as security because it is not excessive consultation about E., and the defendant paid only KRW 50 million out of the lease deposit deposit of the above C, and leased C in the manner of paying monthly rent instead of the balance due to the failure to pay the balance, there was no claim to return the lease deposit of KRW 500 million, and even if he borrowed money from the injured party due to the personal damage amount of KRW 60 million at the time, there was no intention or ability to return the loan within the agreed period.
As such, the Defendant, by deceiving the victim, received the total amount of KRW 265 million from the victim, including the Defendant’s receipt of KRW 130 million, around November 17, 201, around KRW 17, 201, KRW 45 million around November 25, 201, KRW 45 million around December 6, 201, and KRW 45 million around February 17, 201, respectively.
【2019 Highest 3246 (Joint) Defendant is a person who operated a “C” restaurant in Gangnam-gu Seoul Metropolitan Government.