A defendant shall be punished by imprisonment for one year.

except that 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, around March 9, 2007, entered into a director of the apartment complex with a view to who was aware of the fact that he had been working as a teacher at the adjoining point of the Korean National Bank in Jinyang-si, Namyang-si. The Defendant made a false statement to the effect that he would return the money immediately after 3-4 days after receiving a refund of the deposit of the house's lease deposit which he had been living in the past, as there is no deposit to be paid to the purchaser of the apartment house because he had a prior lease deposit to the victim C who had been working as a teacher.

However, the fact that the financial situation of the health food manufacturing company operated by the defendant at the time has deteriorated, and about 1.4 billion won of the loan obligation, including 1 billion won of the loan obligation, 40 million won of bonds, and 6 million won of the monthly interest on the loan obligation. The house and real estate owned by the defendant did not have any intent or ability to repay the loan even if they borrowed money from the victim due to the very economic difficulty, such as provisional attachment by investors, and there was no intention to use the money borrowed from the victim as the fund for the return of the deposit from the defendant.

As such, the Defendant, by deceiving the victim, received KRW 40 million from the victim to the Defendant’s bank account on the same day under the pretext of borrowing money from the victim, and KRW 50 million in total to the Defendant’s bank account in the name of a national bank account in D who is an employee of the Defendant.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Application of Acts and subordinate statutes concerning police statements to E;

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

1. Suspension of execution shall be decided as per the Disposition on the grounds of not less than Article 62 (1) of the Criminal Act (i.e., the agreement with the victim);