A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

1. On June 23, 2012, the Defendant tried to lease and operate a coffee shop located in the area near the Taepyeong-gu Daejeon Daejeon, Daejeon, to the victim C, and “The E gas station located in Daegu-gu D”.

The interest on each month shall be paid if the insufficient operating fund is lent, and shall be repaid by the end of February 2013.

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However, the Defendant did not intend to directly rent and operate a gas station, but would receive 8% profits each month from F, etc. to operate a gas station. The Defendant intended to invest a high amount of money under the name of lease deposit of a gas station, oil purchase fund, etc., and borrowed the funds from the damaged party. Some of them was a plan to prevent the Defendant from returning by repaying the separate debt, such as vehicle installments, etc. to the victim, or to use it as debt repayment to others, personal living expenses, etc.

In addition, even after having made an investment to F, the Defendant was planning to obtain a continuous profit without recovering the investment money, and there was no mind to repay it to the victim within a short period, and the financial status of the victim is lacking due to separate debts, etc. without any particular property, and there was no intention or ability to repay the above money within the agreed period.

Nevertheless, as seen earlier, the Defendant: (a) by deceiving the victim on June 27, 2012; (b) transferred KRW 100 million to the account in the name of the Defendant, including KRW 2.8 million from the victim; (c) KRW 100 million on June 28, 2012; and (d) KRW 57.2 million on July 10, 2012; and (c) KRW 30 million on July 30, 2012.

2. On March 19, 2013, the Defendant leased and operated the said victim’s H restaurant located in Jung-gu Daejeon, Daejeon. “The operation of the gas station is well-grounded, and the I gas station located in ASEAN.” On the other hand, the Defendant would pay interest on a short-term loan for a short-term type of money that incurred a failure in raising funds that he/she would borrow from his/herJ, and pay the short-term loan as the funds would have been raised.

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