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

Punishment of the crime

On August 25, 2011, the Defendant was sentenced to six months of imprisonment for a crime of fraud, etc. in the Suwon District Court Support Act, and the judgment became final and conclusive on December 20, 2011.

On April 3, 2009, the Defendant made a false statement to the effect that, “Dcafeteria operated by the Seo-gu Incheon Metropolitan Government Victim C,” the Defendant would lend the Defendant’s operating funds to “Ecafeteria” operated by the Plaintiff, the Defendant would pay the Defendant interest twice a month and pay the Defendant by July 3, 2009.”

However, in fact, since 2008, it was difficult to operate the said E-cafeteria as well as various public charges, such as taxes, etc., were sealed, and the amount equivalent to 50,000 won of wage obligations, 50,000 won of financial obligations, and 1 billion won of personal obligations was borne, and the rent and oil of the vehicle used for the restaurant business was used on credit.

In addition, the real estate in the name of the defendant was at the risk of the commencement of the auction between the establishment of the provisional seizure and the security right of the market price. In fact, the auction was started on March 25, 2009.

Therefore, the Defendant was expected to use the money received from the victim to operate a restaurant, not to use the money in the operation of the restaurant, but to use the sealed employee’s wage, credit rating, and personal debt repayment, so the Defendant was unable to operate the restaurant in a normal manner and was in fact unable to close the restaurant immediately, and the restaurant was closed on May 7, 200.

Nevertheless, on April 03, 2009, the Defendant, by deceiving the victim as above, received KRW 80 million from the victim with a new bank account in the name of the Defendant’s wife F, under the pretext of borrowing money.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes which report the previous disposition and the result thereof;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;