A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative director of the FF in the petition-gu E in Cheongju-si, and the victim D is the person who operates the H cafeteria in Cheongju-si.

Around May 6, 2013, the Defendant made a false statement to the victim at the above (State) F Office (“The PF loan becomes final and conclusive, and at the Cheongju-si Office I would immediately start Jtel construction from the following month, and the Defendant would have changed the deposit amount of KRW 40 million to operate the restaurant at the new construction site.”

However, in fact, the Defendant entered into a contract with the seller to purchase the above site at KRW 5 billion, and the content of the contract deposit at KRW 3 billion in substitution for the buyer’s debt acceptance, and the remaining amount of KRW 2 billion in the form of substitution for the seller’s debt, and did not make any investment at all, the Defendant did not have the intent or ability to normally operate the restaurant even if he did not receive any deposit from the injured party because the Defendant borrowed KRW 3.5 billion in interest expenses each month, such as lending the above real estate as security and borrowing KRW 415 billion in personal bonds, and then, even if he received the deposit from the injured party, it was inevitable to pay it as interest expenses. Since it was not clear whether the PF loan at the time was carried out within the near time, it was not possible for the injured party to normally operate the restaurant even if he received the deposit from the injured party.

The Defendant received total 33 million won from the Defendant’s account and (State) accounts under the name of restaurant deposit money, including KRW 5 million on May 7, 2013, KRW 20 million on May 9, 2013, KRW 500,000 on May 31, 2013, KRW 200,000 on November 21, 2013, and KRW 1 million on January 27, 2014.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

The defendant's partial statement of witness D is against the defendant's legal statement.