A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around January 23, 2008, the fraud defendant, around January 23, 2008, made a false statement to the victim E in the “D” restaurant operated by the defendant in Nam-gu Incheon Metropolitan City, Nam-gu, stating that “A shall be repaid in 10 million won each year after one year if he/she lends only 20 million won to the victim E.”

However, the facts have already been borne by the individual liability amounting to approximately KRW 50 million in total at that time. The revenue of the above restaurant was used as personal debt repayment and restaurant operation expenses, so there was almost no profit. Due to economic difficulties, the restaurant's age and the employee's monthly wage was smuggling, and there was no intention or ability to repay it even if it was borrowed money from the victim, since there was no particular income or property other than the restaurant's business.

The Defendant, as such, by deceiving the victim, received KRW 20 million from the victim, namely, in the name of the borrowed money.

2. On January 30, 2009, the Defendant made a false statement that “If the Defendant borrowed 6 million won to pay monthly rent any restaurant, the sum totaling 16 million won shall be paid up to November 30, 2009,” the Defendant shall be paid up to November 30, 2009, at the place specified in paragraph (1) of this Article, to the victim.”

However, on December 1, 2008, the Defendant remitted money to the victim with the name of repayment for the money listed in paragraph (1) as KRW 10 million. After that, the Defendant had the victim bear personal obligations equivalent to approximately KRW 50 million, including the remaining debts of KRW 10 million. On January 23, 2009, the Defendant actually discontinued the restaurant and prepared the above loan certificate with the victim. The Defendant did not have any intent or ability to repay the money even if she borrowed money from the victim due to the above circumstances.

The defendant deceivings the victim as such, and is therefore up to six million won from the victim's seat for the purpose of borrowing money.