The Defendant is a person who has operated a company called (State)D, which is mainly engaged in the manufacture of paper cases and the assembly of books.

On May 13, 2011, the Defendant: (a) at the office of a notary public, Law Firm Samwon, Law Firm Samwon, a notary public, a member of Ansan-si, a 710-dong, providing the victim E with “if only 50 million won is lent to B, 50 million won.” (b) the loan amount of KRW 50 million shall be repaid every year for five years at the end of 10 million; (c) the method of providing security is defective in the form of security for transfer; (d) the machinery shall be used continuously, and instead, the machinery shall be delivered from 1.5 million to 1.5 million won per month as a machine user fee.”

However, at the time, the Defendant had a total of KRW 150 million personal obligation with credit guarantee insurance. Since the Defendant had a total of KRW 62 million obligation for wage and retirement allowances in the course of operating the said company as above D, it did not have any intent or ability to pay such obligation even if the Defendant borrowed money from the victim. Furthermore, around March of 2011, the Defendant provided the said saba machine to G to secure a loan obligation of KRW 40 million for the F representative G, which is a customer, as a transfer security, even though the Defendant provided the said saba machine to G for the purpose of securing a loan obligation of KRW 40 million, it did not notify the victim at all.

As such, the Defendant, by deceiving the victim as such, received a sum of KRW 50 million from the victim as the borrowed money until May 16, 201, and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the details of passbooks, notarial deeds and written certifications;

1. The relevant provision of the criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, the grounds for sentencing of sentence of imprisonment [the scope of recommendation] general fraud, and there is no basic area (six months to one year and six months) (special person) [the decision of sentence] [the decision of sentence] that there is no history of criminal defendant being sentenced to a suspended sentence or heavier, and that damage has not been recovered.