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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant jointly operated D Co., Ltd. with pro-friendly C.
Around November 22, 2013, the Defendant: (a) on the part of the restaurant located in the Daegu Suwon-dong, the Defendant: (b) falsely concluded that “The Defendant would establish a cridge factory in China along with the form of 33 years of age; (c) the amount of the loan would be KRW 3 billion; (d) if the Defendant borrowed money as the money in need of money, the Defendant would only use one month and lend the money in full; and (e) received KRW 20 million from the victim on November 29, 2013.”
Around January 6, 2014, the Defendant: “Around January 6, 2014, the Defendant was transferred KRW 10 million from the victim to the Agricultural Cooperative account in the name of G in the name of the Defendant, i.e., “The Chinese loan is delayed, the additional expenses are required to obtain a loan in China, and the interest on the loan will be repaid at the present interest rate on the loan even if the loan is paid in cash, and the interest on the loan will be paid in installments.”
Around January 29, 2014, the Defendant: “Around January 29, 2014, the Defendant borrowed money from China to pay KRW 30 million to the Plaintiff; “Around March 25, 2014, the Defendant received KRW 15 million from the victim’s account in the name of the said G.”
However, the facts are as follows: (a) although the Defendant’s punishment C tried to operate a co-ridge factory in China as a shipbuilding yard in China, the contract with the above H was entered into in around February 18, 2014; (b) even if the Co-ridge factory was completed, it was possible to apply for loans based on the performance after operating the factory for one year; and (c) it was unclear whether it is possible to receive loans of KRW 3 billion; and (d) around that time, it was difficult to provide financial support, such as the transaction amount unpaid to the J of the said D’s business partner, and the transaction amount unpaid to the J of the said I company as the above business partner, was KRW 70 million. Therefore, there was no intention or ability to pay money to the victim.
The defendant deceivings the victim as above.