A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The Defendant is a person who operated a mutually cafeteria called “C” in Yeongdeungpo-gu, Suwon-si.

Around March 2016, the Defendant made correction ex officio, as the name of the victim was omitted in the written indictment of the victim C in the above case.

A false statement was made to the effect that “The business fund is urgently required due to personnel expenses for restaurant employees, etc., and the amount of KRW 20 million,00,000,000,000,000,000 after the first month of each week, will be repaid.”

However, at the time, the above restaurant was not paid properly to the employees, and the defendant was unable to pay the amount equivalent to KRW 200 million to the customer who supplies food materials. Since it was economically difficult for the borrower to pay the amount equivalent to KRW 70 million to the lender, etc., even if he borrowed money from the victim, there was no intention or ability to pay the principal and interest within one month as agreed.

On March 15, 2016, the Defendant, by deceiving the victim as above, received 20 million won from the victim to the new bank account (E) in the name of the Defendant, and acquired it by deceiving the victim.

Summary of Evidence

1. Partial statements of each police interrogation protocol against the accused;

1. Statement made by the police against D or F;

1. Investigative reports (to hear statements from victims);

1. Application of Acts and subordinate statutes to file a complaint, account statement, each fact confirmation, and account transaction statement;

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances as to the applicable Article of the Criminal Act as to the crime, Article 347(1) of the Criminal Act, the reasons for the sentencing of the sentence of imprisonment, and other conditions of sentencing recorded in the records, including the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the crime:

- Unfavorable circumstances - The defendant did not agree with the victim and did not recover from damage.

- The defendant is missing after being investigated, and the defendant has made efforts to recover the damage.