A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The Defendant is a person working in the office of accounting division of the “Ecafeteria” accounting division of the Cheongju-si operated D (Ecafeteria). At the time of fact, the Defendant had to pay interest equivalent to KRW 50 million per month for the debt of KRW 4,000,000 per month, but it is well known that the amount of KRW 40,000 per month due to low profits in Ecafeteria was in the state of being able to pay interest and wages to employees for the existing debt by means of a loan from another person. Due to such financial difficulties, the Defendant was in the state of being unaware at any time. The Defendant also was in the state of being 68,00,00 won, and the Defendant had the capacity to pay KRW 32,00,000 to G, and was jointly and severally with D, was in the obligation of KRW 60,000,000,000,000,000,000,000 won, and there was no economic promise to receive KRW 40,00,00,00.

1. On April 10, 2009, the Defendant: “Around April 10, 2009, the victim J made a false statement to the E-cafeteria that “if the Defendant is in charge of the management of the E-cafeteria building, he/she lends the deposit amount of KRW 15 million in order to show the flowers in the building, he/she will receive the deposit again within one week; and that is, he/she received from the victim a remittance of KRW 14.6 million from tin to the new bank account in the name of the Defendant under the name of the victim as a loan.”

Accordingly, the defendant deceivings the victim as above, thereby deceiving 14.6 million won.

2. Around May 4, 2009, the Defendant made a false statement to the victim by telephone, stating that “The Fund for the Operation of the Ecafeteria is required to be repaid within one week,” and that it shall be repaid within one week from the victim.