A defendant shall be punished by imprisonment for a term of one year and four 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

"2016 Highest 4053"

1. Crimes against victims C;

A. On July 5, 2012, the Defendant committed a crime around July 5, 2012, in the office of “E” in the Defendant’s operation of the Defendant located in Seo-gu, Seo-gu, Gwangju, about July 5, 2012, sold the land by lending KRW 40 million to the victim C.

“.....”

However, even if the Defendant borrowed money from the injured party, the Defendant was expected to pay taxes in arrears or to pay debts to others, and even if he borrowed money from the injured party, he did not have the intent or ability to pay the money, such as having already been liable for the amount of 50 million won or more.

Nevertheless, the Defendant was transferred KRW 40 million to the Agricultural Cooperative Fund (G) account in the name of Dong Jae F used by the Defendant on the same day from the victim of the above false statement.

As a result, the defendant deceivings the victim and received property.

B. On October 4, 2012, if the Defendant borrowed money from the above “E” office around October 4, 2012 to the victim, then he/she will repay the money borrowed so far.

“.....”

However, at the time, the defendant had already been liable for the amount equivalent to KRW 90 million against the victim, and had no intention or ability to repay the amount even if he borrowed the amount from the victim, such as there is no particular income.

Nevertheless, the Defendant was transferred KRW 3 million to the above F’s account on the same day from the injured party at the end of the foregoing false statement.

As a result, the defendant deceivings the victim and received property.

2. The Defendant, on September 23, 2013, borrowed money to the Victim H to purchase the Gyeonggi-do Pyeongtaek-gu building from the French land (hereinafter referred to as the “Seoul-si”) around September 23, 2013, and paid off the money within eight months.

“.....”

However, the defendant has a personal purpose, such as lending the money borrowed from the victim to the beneficiary.