A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, from February 19, 2006 to June 15, 2007, borrowed a total of KRW 210 million from the victim D to pay the principal and interest (20% per annum) on three occasions, but failed to pay the principal and interest (20% per annum) on or before April 15, 2007, was subject to criminal complaint around 2012. As such, the Defendant was willing to be granted a grace period for the payment of the remainder of the borrowed money to the victim as if he/she were to pay the remainder of the borrowed money, and the Defendant would be granted a grace period of KRW 300,000,000,000 to the victim (30,000,000,0000 won per annum). From February 19, 2013, the Defendant issued a promissory note to the effect that the Defendant would be granted a grace period of KRW 301,300,000,000,000 to the victim.

However, in fact, from around 2006, the Defendant suffered a debt equivalent to approximately KRW 700 million due to the film business failure, real estate business failure, etc., and from around 2008, the Defendant was in bad credit standing from around 2008, and was urged due to the failure to repay the money equivalent to approximately KRW 200 million by borrowing the movable property from the planning department in around 2012, and thus, there was no intention or ability to pay the remainder of the principal and interest even if the repayment period is postponed from the victim.

In addition, even if the payment date for the Promissory Notes delivered by the Defendant to the victim is due to temporary loaned notes from G, the actual operator of the E, the victim did not have the intent or ability to pay the above amount.