A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The defendant of "2015 Highest 2373" is a person who operates C (main owner) of industrial machinery manufacturing business with the defendant's pro-friendly D.

On June 23, 2014, the Defendant, at the office of the Victim G Co., Ltd. (hereinafter “victim”) of the F’s operation in Kimhae-si, Kimhae-si, concluded that “If it is necessary to lend KRW 30 million to H as an open cost for L/C (credit) imported old interest in the U.S., the Defendant would be able to repay the entire amount with the money previously lent.”

However, even if the Defendant, who opened a credit and borrowed KRW 30 million from the victim company, was planned to use the credit as operating expenses of the company, including the monthly salary of the employees of C(P). Since the said company’s obligations at the time amount to KRW 2 billion per month, it was extremely difficult for the victim company to manage the company, such as that it bears interest of KRW 2 billion per month, and thus, the Defendant did not have any intent or ability to repay the above money even if borrowing the above money from the victim company.

As above, the Defendant, by deceiving the victim company, acquired 30 million won from the victim company to the account of C(State) on the same day.

"2016 Highest 943"

1. On March 6, 2014, the Defendant borrowed 30 million won and the victim H invested 200 million won in G as business funds from G to a person who jointly operates G with F and paid 200 million won to the Defendant, but the project did not proceed.

On April 3, 2014, the Defendant stated that “The Defendant would return the machinery within a time limit of 30 million won with the money for machinery and equipment and to repay the money borrowed within 2-3 months at the latest, to the victim at a mutual influent restaurant located in Jin-gu, Jin-si, Kimhae-si.”

However, the defendant was willing to use it as a cost of living due to the lack of living costs, and at the time.