A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. On March 2017, the Defendant stated that “C” restaurant operated by the victim B (V, 45 years old) located in the Busan Eastdong-gu, Busan, stating that “The Gu is able to establish a building, and make an investment in the same place. The Defendant would pay the interest on the loan to a micro enterprise. The Defendant would receive the loan from a micro enterprise. It would be able to receive the loan from an apartment even if it was failed to make an investment.”

However, in fact, even if the victim borrowed money from a micro enterprise, the Defendant did not intend to make a full investment in real estate and pay the principal and interest to the victim with the proceeds therefrom. A part of the real estate was invested in real estate and the remainder was used for personal use, such as living expenses and restaurant operation expenses. At the time, the Defendant did not have the ability to repay the principal and interest of the loan to the micro enterprise on behalf of the victim because the credit rating was lower

The Defendant had the victim obtain a loan from a micro enterprise, and received a transfer from the victim to the account in the name of the Defendant, including KRW 10 million on April 12, 2017, KRW 10 million on or around April 13, 2017, KRW 10 million on or around April 14, 2017, and KRW 30 million on or around April 14, 2017.

Accordingly, the defendant got the victim's property by deceiving the victim.

2. Around June 2017, the Defendant stated that “Around June 2017, the Defendant invested KRW 30 million in the said place, and if it invests more than KRW 10,000,00 among investors, the location may be hard between investors. The Defendant obtained a personal credit loan and borrowed KRW 10,000,000.”

However, in fact, the defendant used only part of the 30 million won already borrowed for real estate investment, and even if he borrowed more than 10 million won, he only used it as living expenses and restaurant operation expenses, and did not intend to invest in real estate. At the time, the defendant had a low credit rating and was not well operated at a restaurant, and thus, the victim received a credit loan.