A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

1. The Defendant is a person who operated a plastic cosmetics container-making factory in the trade name of “C” from around 2002 to June 2014.

On May 2013, the Defendant provided the victim D with the lease deposit amount of KRW 35 million out of KRW 50 million, which is located in Seo-gu Incheon, Seo-gu, Incheon, as security, at a place where he was not a policeman in the middle of May 2013, and paid interest of KRW 2% per month, and the principal will be repaid within three months.

“In the end, on May 20, 2013, the victim was transferred KRW 29,400,000,000,000 from the victim, excluding the interest.

However, at the time, the Defendant was unable to be relieved of the enemy while operating C, and was responsible for several billion won, and at the time of receiving money from the injured party, most of the deposit was deducted from the monthly rent of KRW 35 million. Thus, even if he borrowed money from the injured party, there was no ability or intent to repay it in time.

The defendant deceivings the victim as above and was delivered KRW 29.4 million from the victim.

2. On September 13, 2013, the Defendant: (a) provided six parts of the withdrawal machines owned by the Defendant as collateral at a closed place; and (b) on September 30, 2013, the Defendant created a maximum amount of 36 million claims against the said machines.

After that, due to the continued operational deficit of C, the Defendant got the victim and the existing obligees to have been urged to pay their debts, and as a result, the situation leading to compulsory execution against the Defendant’s property led to the occurrence of a situation in which compulsory execution against the Defendant’s property will be carried out, the Defendant decided to be exempted from compulsory execution by falsely transferring the machinery provided as security.

On May 14, 2014, the Defendant prepared a certificate of transfer to the effect that he transfers the above machinery to F, who is an employee, at the C plant, and pretended to transfer the said machinery to F.