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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. On June 28, 2016, in the “C” restaurant operated by the Defendant in Chuncheon-si B, the defrauded made a false statement to the victim D, stating, “If the acquisition fund is required to take over and operate the F cafeteria in the original city E, and the acquisition fund is lent KRW 70,000,000,000,000, the principal will be paid and the principal will be repaid without the mold until July 27, 2017, and if the principal is not repaid, the lease deposit, the premium, and the facilities will be transferred in entirety to the said commercial building.”
However, even if the Defendant borrowed KRW 70 million from the victim as the funds for taking over a restaurant, the Defendant was planning to take over the said restaurant and to use KRW 70 million borrowed from the victim for other purposes, such as stock investment.
Nevertheless, the Defendant, by deceiving the victim as such, received 70 million won from the victim to the new bank account (Account Number I) in the name of the spouse of the Defendant on the same day as the funds for taking over the restaurant from the victim.
2. On February 27, 2016, the Defendant changed private documents: (a) decided to lease a commercial building in the B and the first floor in Chuncheon City B from the lessorJ in the name of K, his/her fatherD, a representative of theJ; and (b) written a real estate lease agreement with respect to the said commercial building with the lessor’s father D; (c) KRW 10 million; (d) KRW 5 million; and (e) the lease term from February 27, 2016 to March 24, 2018.
On December 4, 2017, the Defendant arbitrarily stated the part of the lessee’s resident registration numberO, telephone “P”, and name “K” in the said real estate lease agreement as the modified tape and entered “ Q”, “R”, and “H” in the name of the Defendant’s spouse, the location of the above commercial building, in order to file an application for the registration of his/her business in the name of H, the Defendant’s office located in Chuncheon M and N, the location of which is the Defendant’s spouse.
In this respect.