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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 28, 2016, the Defendant was sentenced to the imprisonment of eight months at the Seoul Central District Court for fraud, and the said judgment became final and conclusive on the 30th of the same month.
On March 2015, the Defendant was unable to pay the “C” restaurant (hereinafter this restaurant) operated by the Defendant located in Gangnam-gu Seoul (hereinafter this case’s restaurant) by around 2008, and the fact began from January 2013 to pay the rent for the restaurant at around 45 million won and should be appropriated as the lease deposit. The amount of the rent to be paid to employees’ wages and customers exceeds approximately 3-40 million won, and even if the Defendant borrowed money from the victim D under the name of the construction cost of the restaurant, it was thought that it was used for repayment of the obligation, such as the well-known rent, and it was difficult for the victim to pay the rent for the restaurant at around 00,000 won, and the Defendant would be 00,000 won for the principal and interest of the 10,000,000 won for the 10,000,000 won for the 16,000,000,000 won for the 16,006,06,06,0,0.
Summary of Evidence
1. Legal statement of witness D;
1. Partial entry of the protocol concerning the examination of the accused in the prosecution;
1. An agreement on a monetary loan for consumption and a monetary loan agreement;
1. An investigation report (report on the phone statement with a person for reference), an investigation report (detailed statement of rents received from the person for reference), an investigation report (detailed statement of rents received from the person for reference), and an investigation report (detailed statement of rents received in April 2013
1. A written confirmation, a detailed statement of information on checks, a copy of a lease agreement, a summary of receipt of rents, and a statement of account transactions in receipt of rents;