A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 10, 2015, the Defendant paid the principal by October 9, 2015 and paid 1.5 million won interest each month to the victim E at a mutually cafeteria with the trade name “D” No. 110,000,000 won, which is the first floor of the building C in Gyeyang-gu, Gyeyang-gu, Geumcheon-gu, Seoul, and the victim E.

If the payment is not made, all the rights (such as guarantee money, premium, etc.) of the four restaurants in operation shall be transferred.

“A false representation was made.”

However, in fact, two places in the restaurant operated by the Defendant had already been sold to others, and the deposit in the remaining place has already been deducted from the unpaid monthly rent, and the Defendant had been able to receive money from the damaged party due to a large amount of damages other than the Defendant’s imprisonment, and thus, there was no intention or ability to repay the money from the damaged party.

As such, the Defendant, by deceiving the victim, was issued KRW 50 million from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing guidelines [the types of decisions] fraud, general fraud, and type 1 (less than KRW 100,00) [the person subject to special sentencing] punishment not (the person subject to recommendation] [the area subject to mitigation of punishment], and the area subject to mitigation of punishment, and one year of imprisonment.

3. A suspended sentence of two years, etc. (the circumstances and results of crimes, etc., relationship between the defendant and the victim, relationship between the victim and the victim, the victim's withdrawal of the complaint with genuine will, but not the repayment of damage was made, the defendant's mistake is divided, the defendant has not been convicted of the same kind of offense and has not been sentenced to a suspended sentence or more recently;