A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

1. On August 16, 2006, the Defendant: (a) at the D Real Estate Office located in Jeju City, the Defendant attempted to open the Victim E with the trade name “Stop” (hereinafter referred to as “Stop”) and open the land (hereinafter referred to as “the main building”) to G air conditioners; (b) the purchase price for the land is fested. If 400 million won is leased, the Defendant purchased the land with the money and opened the air conditioners, opened the air conditioners, and repaid the land within 100 million won a year as operating income. In addition, in order to secure this, the Defendant would establish a collateral security right in the Songpa-gu Seoul Metropolitan Government Apartment-gu apartment (Stop-gu 201 Dong201, 201, hereinafter referred to as “Stop-gu apartment”) located in the apartment.

A false statement was made to the effect that “A restaurant opening business” was made. However, in an uncertain situation where the Defendant is unaware of how much the profits of the restaurant business, the Defendant did not have any intent or ability to pay the money to the Defendant on the date of the promise, even if he borrowed money from the victim to open the restaurant opening business through bank loans and bonds, which is most of 2.4 billion won, and thus, it is difficult for the Defendant to borrow money from the victim to open the restaurant opening business at the expense of opening the restaurant, and as such, the Seoul apartment was also sold and there was a need to look at the funds for opening the restaurant opening the restaurant, so the said Seoul apartment was never made to the victim as security.

Nevertheless, as above, the defendant made a false statement and obtained 400 million won as a loan from the victim, i.e., the victim.

2. On October 16, 2006, the Defendant made a false statement to the effect that, at around 14:00 on October 16, 2006, at the victim’s house located in Jeju-si, the Defendant purchased the site of the building site, and the previous money alone is insufficient. Whether he/she would not make a payment with four hundred million won prior to the loan of 60 million won as well as with the loan of 40 million won.

However, as seen in Paragraph 1, the defendant borrows the above money from the victim.