A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[Judgment of the court below]

1. Fraud;

A. On February 24, 2011, the Defendant made a false statement to the Defendant against the Victim Non-SP Capital Co., Ltd., Ltd., Ltd., D office located in Yongsan-gu, Yongsan-gu, Goyang-si, and the employees E of the victim Non-SP Capital Co., Ltd., saying, “F would purchase five color 1 sets (product name: LP-540) owned by it in KRW 378 million and pay rent of KRW 9,678,860 per month for 48 months by leasing the above printing machine.”

However, the above 5 printing machine 1 sets were leased from the Kitren, Inc. on or around 2005, and there was no intention or ability to pay the rent even if they concluded the lease contract in the name of F as well as the above Kitren.

Nevertheless, the Defendant, as above, by deceiving the victim, received 378 million won from the victim to the Agricultural Cooperative Account (Account Number G) in the name of the Defendant, and acquired it by deceiving the victim.

B. Around March 9, 2012, the Defendant against the victim H made a false statement to the victim H that “if the Defendant in question has operated K printing office, and if the Defendant borrowed KRW 250 million, the Defendant would pay interest of KRW 1,300,000 and monthly dividend of KRW 6,000,000 for two years on December of each month, and would pay 10% of the annual sales profit on June 30, 2013, and if the interest, dividend, etc. is not paid, the principal will be immediately repaid.”

However, there was no intention or ability to pay interest equivalent to KRW 7,300,000 per month to the victim due to the relationship in which not only the employee was planning to use the money borrowed from the victim for the benefits, insurance money, delinquent taxes, etc., but also the victim had already been responsible for the debt of KRW 7,300,000 per month.

Nevertheless, the defendant makes a false statement to the victim and belongs to it.