A defendant shall be punished by imprisonment for four months.

except that 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

The defendant is a person who has engaged in the manufacturing business of industrial machinery.

On May 18, 2017, the Defendant made a false statement to the victim D, who operates a material sales chain, such as a melting machine, at the Defendant’s place of business located in Syang-si B, stating that “The monthly rent of KRW 1,00,000 (i.e., monthly rent of KRW 250,000 per month per 1 rental period x 4 rental period) shall be paid by June 30, 2017, starting to pay the monthly rent of KRW 1,00,000 (i.e., monthly rent of KRW 250,00 per 1 rental period x 4 rental period). The minimum rental period shall be three months, and if it exceeds that period, additional rent shall be paid.”

However, under the circumstances where the Defendant had no special property under the name of the Defendant at the time, the Defendant paid approximately KRW 30,000,000 to a financial institution loan and card arrears amount, and the amount of tax in arrears also exceeded KRW 20,000.

In addition, from June 2016, the Defendant was unable to pay wages, etc. to workers who worked in the business of manufacturing industrial machinery that was operated by the Defendant, and was in a situation where the business was closed around November 2016, and was unable to pay the material price from other business partners. Since the Defendant was willing to use the income from using the contact equipment supplied by the victim as personnel expenses, even if the Defendant leased the contact equipment from the victim, the Defendant did not have the intent or ability to pay the rent at the time agreed upon.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) had the victim establish four pacters around May 19, 2017 at the Defendant’s workplace; and (c) used and profit from the four pacters until July 2018; and (d) did not pay rent to the victim; and (c) obtained a property benefit equivalent to KRW 14 million in total.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made to D by the police;

1. Contents of letters sent and received by the suspect and the complainant;

1. The investigation report (the change of the name of the crime of interest rate);