A defendant shall be punished by imprisonment for six months.

Criminal facts

Around July 2013, the Defendant entered into an agreement with the victim C to receive maintenance and repair works from the Tae Forest Medal Co., Ltd. and agreed to distribute the profits accrued therefrom.

1. On September 2013, the Defendant received orders for the replacement of a roof equivalent to KRW 550 million for the construction cost from the Taelim Medal Co., Ltd., and agreed on the construction cost of KRW 400 million, but the Defendant told the victim as if he entered into a subcontract contract with KRW 450,000,000 to pay the amount of KRW 450,000,000 to the (main) New Construction, thereby having the victim pay the amount of KRW 450,000 to the (main) New Construction and receiving the refund from the (main) New Construction.

On September 5, 2013, the Defendant stated that the victim should pay 30,000 won as the subcontract deposit to the (main) new construction in the office of the victim located in Ansan-si, Seoul-si. However, the Defendant thought that it would be returned from the (main) new construction as above.

As above, the Defendant made a false statement, and caused the victim to remit 30,000 won to the account in the name of the new construction on the same day.

2. On August 2014, the Defendant concluded that “Around August 2014, the Defendant would repay the existing bank loans to the victim and receive a new loan of KRW 50 million until now.”

However, in fact, the Defendant had already been in bad credit standing, such as failure to pay taxes of KRW 400 million on the wind, which led to the occurrence of bonds. The Defendant had no intent or ability to pay the loans normally even if she borrowed money from the victim because she had been able to repay the bonds of an individual regardless of bank loans.