A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who was a representative director of C Co., Ltd. in three times.

On May 28, 2015, the Defendant had a claim of approximately KRW 100 million against neighboring interest to the Victim E (M, 66 years old) that had already been claimed about KRW 100 million against neighboring interest to the Defendant (M, 66 years old).

If only tax can be settled, the cash can be repaid in a situation where there may be a few million won of revenue through the monthly business.

A false statement was made that if only KRW 50 million is loaned, it would be repaid until October 28, 2015.

However, in fact, the Defendant had already paid KRW 86.68 million at the time, and at the time of having paid KRW 300,000 to KRW 11,00,000 per month, and at the time of having paid KRW 75,50,000 to the National Tax Service due to tax in arrears, even if he borrowed KRW 50,000 from the injured party, the Defendant could not pay the amount by the due date of payment, by resolving the tax problem and operating the company normally, by raising the profits of KRW 5,00,000 per month to the victim.

Nevertheless, on May 28, 2015, the Defendant: (a) received KRW 50 million from the Defendant’s agricultural bank account (Account Number: G) from the Defendant, from the victim, and received transfer of KRW 50 million from May 28, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint;

1. Investigation report (Submission of a copy, etc. of a loan certificate);

1. Investigation report (Analysis of NIC evaluation information on suspects);

1. The application of Acts and subordinate statutes to investigative data (abusing borrowed data and attaching copies of interest);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Type 1 (less than KRW 100,00) shall apply to the scope of the recommended punishment according to the sentencing criteria, and to the general fraud;