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 became final and conclusive.

Punishment of the crime

On December 10, 2009, the Defendant was sentenced to one year in Seoul High Court to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. on February 25, 2010, which became final and conclusive on October 22, 2010, and was sentenced to two years of suspended execution on October 30, 201 in Seoul Central District Court for criminal fraud.

The injured party C lent KRW 60 million to D, and on September 9, 2008, delivered to D a promissory note as of November 13, 2008, in lieu of satisfaction of the payment of the amount of KRW 50 million at par value, which was issued by ( prime mentor Communications, and on November 13, 2008. The above promissory note borrowed KRW 25 million from D and delivered it to D in lieu of the payment of the said promissory note, the Defendant borrowed the said amount of KRW 25 million, and applied the amount of the remaining amount to be refunded.

In September 2008, the Defendant heard from E, who is an employee of the said D Company, that the Defendant holds a promissory note issued by the Defendant to D as above, and tried to recover the said promissory note from the victim.

On September 23, 2008, the Defendant stated that “The promissory note shall be lent from D to D and shall be appropriated for the repayment of debt, and the remainder shall be returned to D, because it does not have any money,” at a coffee shop where the Defendant’s trade name near the Pakistan-ro 3, Jongno-gu Seoul, is unknown. The Defendant stated that “The promissory note shall be repaid to D at a discount on the face of the week, and twenty-five million won shall be repaid to D.”

However, at the time when the defendant received the above promissory note from the victim, the overdue interest for the defendant's loan of KRW 370 million was increased, and the claim amounting to KRW 150 million against the ES business corporation has deteriorated its financial status due to the uncertainty of its repayment, and there has been no other property or income.