A defendant shall be punished by imprisonment for six 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

[Criminal Power] On October 24, 2013, the Defendant was sentenced to a suspended sentence of one year for six months of imprisonment with prison labor at the Seoul East Eastern District Court, and the judgment became final and conclusive on November 1, 2013.

【Criminal Facts】

The defendant had been entrusted with the management of the victim E, as a person who had operated D (ju), a lessee of another workshop in the Gu, during the period of Ansan.

Around January 6, 2010, the Defendant made a false statement to the victim that “When the Defendant transferred the company under the name of D (State) where he/she is entrusted with the management by transferring the company under the name of D (State) where he/she is operating the company under his/her own ownership, he/she shall guarantee KRW 120,000,000 and pay monthly rent, even if the company under his/her own ownership is not leased, he/she shall be paid KRW 120,000,000.” The Defendant sold the company under his/her name and used it as a means of selling the company under his/her own name to use the proceeds of the sale, and around the beginning of February 2011, the Defendant sold the company under his/her own name to the victim and used it with the funds of the company. As stipulated in the previous agreement, he/she would pay monthly rent and guarantee KRW 120,000,000.”

However, at the time, the Defendant had already been liable for the amount of KRW 1 billion to the trading company and the lending company due to the reasons such as the default on payments of bills from the trading company, and there was no particular property. Therefore, even if the proceeds from the sale of the other company were used for the purpose of the company’s funds, the Defendant did not have the intent or ability to pay the amount equivalent to the proceeds from the sale, or to continue the payment

Nevertheless, the Defendant, as seen above, got the victim's deception and was subject to the above disposition against the victim.

(A) On February 2, 2011, the Defendant sold the said workshop to G operating a business entity of F’s trade name, and received the amount of KRW 40 million (the Defendant received KRW 40 million). A summary of the evidence 1.