A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The defendant is the representative director of C corporation.

On March 2010, the Defendant made a false statement to the effect that “The Defendant will undertake the construction of a new factory to be carried out in smuggling if he/she lends KRW 20 million to the Defendant, while taking over and operating the Defendant’s factory in Q Q Q in Chungcheongnam-si, Chungcheongnam-si, Busan.” The Defendant concluded that “The Defendant will undertake the construction of a new factory to be carried out in smuggling if he/she lends KRW 20 million to the Defendant.”

However, in fact, only the registration of corporation C was made, and there was no factory in the name of the above company. The defendant tried to acquire a factory operated by S in Kimhae-si, but did not pay the acquisition price at the intervals of S due to the lack of funds. In addition, even if there was no plan to transfer the factory closely and borrowed money to the victim, there was no intention or ability to entrust the new factory construction to the victim.

Nevertheless, on March 11, 2010, the Defendant, by deceiving the victim as above, received 20 million won from the victim to the Agricultural Cooperative Account in the name of the Defendant and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer concerning theO;

1. Application of the written complaint, written judgment and statutes;

1. The punishment as ordered shall be determined by taking into account the following factors: Article 347(1) of the Criminal Act of the relevant criminal facts; Article 347(1) of the Criminal Act; Article 347(1) of the Criminal Act of the Criminal Procedure Act; Article 347(2) of the Criminal Procedure Act of the punishment selective