A defendant shall be punished by imprisonment for six months.

However, 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. Around March 15, 2017, the Defendant stated that “A” restaurant run by the Defendant near Ansan-gu, Ansan-gu, the Defendant shall pay the victim E with the borrowed money up to March 20, 2017, and KRW 30 million.”

However, the Defendant had the intent to use the funds borrowed from the victim as the cafeteria’s benefits in the name of the employee of the cafeteria because the cafeteria is not well operated, and even if the Defendant borrowed the funds from the victim due to the lack of funds to be invested, the Defendant did not have the intent or ability to invest KRW 30 million in the victim and pay KRW 20 million in the borrowed money.

Nevertheless, the Defendant, as seen above, was issued 20 million won in total, including the sum of 10 million won on the same day under the name of the Defendant, and 10 million won around March 16, 2017, under the pretext of borrowing money from the victim.

2. On March 20, 2017, the Defendant: (a) around March 20, 2017, at the “C” restaurant, concluded that the Defendant would provide the victim with the three and five sequences when he/she has opened two units of accounts, which would be entitled to KRW 20 million for each unit of account.

However, even if the defendant received money from the victim, he was the intent to use it for the defendant's personal debt repayment, etc., and there was no intention or ability to pay the money to the victim by the sequence of the victim.

Nevertheless, the Defendant made a false statement to the victim and received 4 million won from the victim’s account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to police statements, written complaints, and accompanying documents to E;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act: