A defendant shall be punished by imprisonment for six 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

On April 19, 2007, the Defendant made a false statement that “If the Defendant lends KRW 40,000 to the victim E, the Defendant would pay interest of KRW 2,00,000 per month, and the principal would be repaid in full after six months.”

However, as the financial standing of the company run at the time is not good, the defendant did not have any intent or ability to repay even if he borrowed money from the victim because he did not have any specific property to pay 84 million won such as overdue wages and material costs.

The Defendant received a total of KRW 40 million, including KRW 5 million, KRW 35 million, from the victim, on two occasions on the same day, from the account in the name of the Defendant on the same day as the loan money, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and F;

1. Application of the Acts and subordinate statutes governing investigation reports (Listening to statements made by the G company H), transaction specifications (I companies), investigation reports (attached to certification of tax base of value-added tax), and certification of value-added tax base;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the part of the defendant who deposits KRW 20 million for the victim and considering that the defendant has no same power

1. Social service businesses under Article 62-2 of the Criminal Act;