A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

The defendant was an outside director of the company B.

On December 22, 2014, the Defendant borrowed KRW 25 million from the victim D’s house located in Chungcheongnam-gun, Chungcheongnam-gun, Seoul-gun, to the victim without any framework until January 15, 2015.

In Gangwon-do, it is possible to pay the construction cost because it is performing the medical care center construction in the food factory and loyalty.

The term "the expression was false."

However, from September 2014, the Defendant had been performing construction works by receiving a food factory construction contract from the owner E under the above name from the owner of the building in Seongbuk-gun in Gangwon-do. However, as a so-called credit construction work, E was ordered to receive a loan after completion and pay the construction cost. In fact, on December 2, 2014, after obtaining a loan from the above E as security and paying a approximately KRW 2.6 million out of the loan to the Defendant as construction cost, the money was fully used for paying the Defendant’s personal liability and unpaid construction cost. Nevertheless, the above amount was equivalent to approximately KRW 4.8 billion, and the Defendant had a debt equivalent to KRW 50 million, and the Defendant did not borrow the money to the victim. In addition, since the medical care center construction work in Chungcheongnam-gun did not commence construction permission and it did not begin on June 2015, it did not have any intent or ability to repay it even if it was borrowed.

The Defendant, by deceiving the victim as above, received KRW 25 million from the victim’s account in the name of the Defendant to the F bank account in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the prosecution concerning D;

1. A certificate of transaction (15 million won), a certificate of loan, a loan, a mediation protocol, a summary order, and a copy of the register of real estate;

1. Each investigation report, the defendant and his defense counsel did not have the intent to obtain fraud against the defendant, and in particular, they carried out a trub construction by lending the name of B, and due to the bankruptcy of B, the balance claim is incorporated into the bankruptcy estate.