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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
The defendant is a person who operated an entertainment shop in Daejeon Jung-gu, and the victim C is a person who operated an beauty room in the same Dong and was aware of about 30 years.
The Defendant, who had been operating around 2012, did not properly operate the entertainment shop “D” and did not have been able to yield profits, and not only transferred the business license to Dong Dong E around December 2012. At the time, the Defendant was paying a debt worth approximately KRW 1.5 billion by using the term “recovering” in which the existing debt was repaid.
1. On November 26, 2012, the Defendant would immediately repay the Defendant’s “G beauty room” located in the “G beauty room,” which is operated by the injured party in the Jung-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, with the right payment of KRW 20 million to the victim for funeral services.
“A false representation was made.”
However, in fact, the Defendant did not have any intent or ability to repay money even if he borrowed money from the injured party in the above financial situation.
The defendant deceivings the victim as above and acquired the money from the victim to HF association account (I) in the name of the defendant on the same day.
2. On August 10, 2013, the Defendant: “Around August 10, 2013, the Defendant borrowed KRW 20 million from the principal place to the victim for advance payment and repaid the amount borrowed previously.”
“A false representation was made.”
However, as the defendant transferred D's right to operate the business to his/her partner, he/she did not have any intent or ability to use the money borrowed from the damaged party as an advance payment or to repay the money to the injured party in the above financial situation.
Around August 19, 2013, the Defendant, by deceiving the victim and deceiving the victim, received money of KRW 20 million from the victim to H association accounts, such as the preceding paragraph in the name of the Defendant, from the victim.
Summary of Evidence
1. The legal statement of the witness C;
1. Prosecutions against the Defendant.