A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal records] On August 27, 2015, the Defendant was sentenced to a suspended sentence of ten years for criminal fraud at the Seoul Eastern District Court on October 27, 2015 and the judgment became final and conclusive on September 4, 2015.

[2] On July 10, 2013, the Defendant: (a) at the “D” restaurant operated by the Defendant in Seongdong-gu Seoul on July 10, 2013; (b) at the victim E, the Defendant provided the victim E with the interest of KRW 10 million per month when a person F lends money.

On the other hand, the Plaintiff issued a loan certificate stating, “F, G, and address: (a) to borrow the borrowed money between July 09, 2013 and June 01, 2014: (b) to borrow the borrowed money from the lender, the borrower F, G, and address: Seongdong-gu Seoul Metropolitan Government H, 09 July 09, 2013; and (c) to borrow money from the lender.”

However, in fact, the above loan certificate was a false document without the F's consent, and the above restaurant operated by the defendant at the time was instructed by the management difficulties, such as not paying the rent for the building properly, so there was no intention or ability to pay the money even if it was borrowed from the victim.

The defendant deceivings the victim as above and acquired the money of KRW 28.5 million from the victim on the same day.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of witness E;

1. Each legal statement of the witness F, I, and J;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A copy of complaint, a loan certificate;

1. Previous conviction: Determination of inquiries about criminal history and the defendant's and defense counsel's assertion

1. On July 10, 2013, the Defendant asserted to the effect that: (a) around July 10, 2013, the Defendant had the intent and ability to repay the borrowed amount of KRW 28.5 million at the time of receiving the delivery from the injured party; and (b) the Defendant did

2. The following facts and circumstances are acknowledged according to the evidence mentioned above.

From around 2011, the victim has maintained the friendly relationship while supplying the equipment to the Defendant’s cafeteria for more than two years.