A defendant shall be punished by imprisonment for not less than eight 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

Around July 2017, the Defendant concluded that “D building” offices located in Seodaemun-si, D, and that “If the Defendant borrowed KRW 100 million as KRW 100 million is insufficient to operate the rest area in Chungcheongnam-si, the Defendant would repay the principal by the end of December 2017 and pay interest to the victim B,” the Defendant stated that “If the Defendant borrowed KRW 100 million as 10 million is insufficient to operate the rest area in Chungcheongnam-si, the Defendant would also pay the principal

However, in fact, the Defendant did not meet the conditions under which the Defendant was able to take over the rest area at the time of borrowing money from the victim, and the other debt to be paid was approximately KRW 200 million, and the Defendant was planned to use the borrowed money from the victim to repay other debt, and thus, there was no intention or ability to pay the borrowed money from the beginning.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim to the Agricultural Cooperative Account in the name of the Defendant for the purpose of borrowing money around the 25th of the same month.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Legal statement of the witness B;

1. The application of the law governing deposit transactions [the defendant can be found guilty of the facts charged in the instant case, comprehensively taking account of the following: (a) the record of deposit transactions [the defendant paid 50 million won to another person on the day he/she received 50 million won from the complainants the repayment of the borrowed amount (33 million won), the total of 41.8 million won of living expenses and interest interest; (b) the money used to take over the rest area out of the borrowed amount is deemed nonexistent; and (c) the defendant applied for individual rehabilitation around February 2019

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1));

1. Article 32 (1) 3 and (2), and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss an order for compensation (where the scope of liability for compensation is not clear);