A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On May 24, 2012, the Defendant made a false statement to the victim C, stating that “The Defendant shall lend money that needs operating expenses to the cafeteria.”

However, in fact, the defendant did not have any property, and there was an enemy while operating the restaurant, and the defendant did not have any intent to use the money to recover the money invested in the company operated by D and, even if he borrowed money from the victim, there was no intention or ability to repay the money.

Accordingly, the defendant deceivings the victim as such and obtained 30 million won as the borrowed money from the victim and acquired it by fraud.

2. On June 20, 2012, the Defendant made a false statement to the victim, stating that “I will immediately repay the amount if I lend the amount to the victim immediately.”

However, the defendant did not have any property and did not have any intention or ability to pay money even if he borrowed money from the victim in the situation of the enemy's occurrence while operating the restaurant.

Accordingly, the defendant deceivings the victim as such and acquired 5 million won as the borrowed money from the victim.

3. On July 11, 2012, the Defendant concluded on July 1, 2012, that “The Defendant provided real estate owned as collateral and received a loan until then, and provided full payment of the loan. If the Defendant borrowed KRW 20 million with money to the bank parties, the Defendant would receive and repay the loan in lump sum with money to the bank parties.”

However, in fact, the defendant did not have any particular property and operated a restaurant, and there was no intention or ability to repay the loan even if he borrowed money from the victim.

Accordingly, the defendant deceivings the victim, and is against the victim.