A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant is a person who operates a restaurant with the trade name of “C” in Ansan-si, Masan-si B.

On July 2016, the Defendant stated that “The Defendant shall pay the victim D funds to operate the restaurant, such as the purchase fund of the reed and the purchase cost of the public complex in the vicinity of the restaurant,” and that “on the 25th day of each month, interest shall be paid at the rate of 1.5% per annum (18% per annum) and the principal shall be paid at the rate of interest on the 25th day of each month, and the principal shall be repaid after five years.”

However, in fact, the defendant had already been bad credit holders around July 2016 and had an amount of approximately KRW 1.5 billion for the principal of the existing debt, and the profits accrued from the operation of the restaurant was insufficient to cover the interest on the existing debt, and there was no intention or ability to pay the interest on the borrowed money as promised to the victim every month and to pay the principal within five years.

Nevertheless, on July 25, 2016, the Defendant: (a) by deceiving the victim; and (b) by deceiving the victim; (c) obtained KRW 50 million from the F Bank account (G) in the name of E; and (d) KRW 68 million from the H I Bank account in the name of H; and (c) acquired KRW 118 million in total from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of D, K, and L;

1. Complaints and transaction receipts;

1. A criminal investigation report [Attachment of a copy of a statement of transaction in the E-bank account and the F bank account transaction statement in relation to the suspect A's suspicion of fraud (25 million won and KRW 50 million)]; one copy of the E-bank account transaction statement during the period from January 2015 to January 2018;

1. A report of investigation (a copy of a certificate of deposit transaction under H in the name of the suspect A (J) related to the suspicion of fraud (68 million won)), and a certificate of deposit transaction under H in the name of the H during the period from January 2016 to May 16, 2019;

1. Investigation report (in relation to the suspicion of evading compulsory execution A by a suspect, a copy of the investigation report by the Gyeonggi Military Police Station on April 4, 2019 (Submission of Materials E) shall be attached);

1. Investigation report (to claim against A of a suspect).