A defendant shall be punished by imprisonment for not less than five months.

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

Punishment of the crime

The Defendant is a person operating B, and the fact was that there was no particular asset other than around 60 million won, and the newspaper company operating the Defendant had been in a bad credit position, and the Defendant had been in a state of operation for each month without any specific asset, such as advertising expenses, etc., so even if the Defendant borrowed money from the victim C, there was no intention or ability to repay it.

1. On December 26, 2014, the Defendant: (a) at the E office of the victim’s operation on the five storys of the D Building in Namyang-si, Namyang-gu, Gyeonggi-do; (b) there is no possibility that the Defendant prepared a neck money; and (c) as above, the Defendant received money KRW 10 million from the victim under the name of the Defendant’s agricultural bank deposit account in the city around the end of the year, on the following grounds: (a) there is no intent or ability to repay the borrowed money; and (b) there is no intention or ability to repay the borrowed money; and (c) there is no intention or ability to pay the borrowed money.

2. From the end of July 2015, the Defendant does not own any real estate which was offered for title trust, and does not terminate the collateral security established on the said real estate. However, the Defendant’s false statement is that “The Defendant did not prepare a title trust; did not terminate the collateral security established on the real estate which was offered for title trust; the Defendant intended to dispose of the real estate; borrowed money of KRW 3 million to a certified judicial scrivener for expenses necessary therefor; and if disposing of the real estate, the Defendant would have borrowed money of KRW 70 million to KRW 80,000 to KRW 10,000,000 to KRW 80,000 to the Defendant’s share; and first borrowed money from the said money, the Defendant received KRW 3 million from the victim in cash in the name of the loan.”

3. On March 4, 2016, even if the Defendant did not own any real estate, which was held in the E office of the above victim under title trust, and borrowed money, the Defendant did not have the intent or ability to repay the borrowed money as above, and the Defendant’s title trust is held by the victim.