Defendant shall be punished by imprisonment for not less than two years and six months.

Criminal facts

On December 2010, the Defendant, as the representative director of “F” corporation F (hereinafter “F”) located in Young-gun, Young-gun, Young-gu, 2010, set up a synthetic timber manufacturing factory in the above land, etc.

On December 28, 2010, the Defendant stated to the effect that, at the office of 109, the “law firm H” in Gwangju-gu G Building No. 109, the victim I would lend KRW 1 billion to the victim I within three months. The amount of KRW 1 billion would be either rescinded provisional seizure (an amount of KRW 730 million) established on the factory site, etc. or used as machinery installation costs, etc. at the factory site. The factory will be completed within three months, and if so, the Defendant would pay KRW 1 billion by receiving additional loans from the bank by offering the factory building, etc. as security.”

However, even if the Defendant borrowed KRW 1 billion from the victim, the Defendant did not want to obtain additional loans from the bank after cancelling the above provisional seizure. In addition, there was no intention or ability to repay KRW 1 billion within three months as agreed, since the completion of the factory is delayed, clear and reliable financing is difficult due to the sudden financial difficulties.

The specific content is deemed to be “determination on the argument of the accused and the defense counsel”.

Nevertheless, on December 29, 2010, the Defendant enticed the victim, and caused the victim to remit one billion won to the corporate passbook account of F on December 29, 2010.

Accordingly, the defendant deceivings the victim and let F acquire property benefits.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness I, J and K;

1. Examination protocol of the accused by prosecution;

1. Each letter of authentication, certified copy of corporate register, details of total deposits and withdrawals, details of deposits and withdrawals, debts such as construction expenses, etc. in December 2010, the number of creditors and amount of claims regarding factory buildings and lots, register of real estate register, details of borrowing, judgment, investigation report (Evidence No. 33) and the defendant;