Defendant

B A person shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, the Defendant A is innocent. It is not guilty in this judgment.

Punishment of the crime

A is a person who operates the “E” in Mosung City D, and Defendant B, as a mother of A, became aware of in the course of a meeting of fraternity with the victim F.

Defendant

B borrowed the sum of KRW 100 million from the victim on March 30, 2007 as business funds of A, and thereafter borrowed KRW 50 million on March 30, 2009; KRW 15 million on June 30, 2009; KRW 210 million on July 28, 2010; and KRW 10 million on November 16, 2010; however, from March 2012, A’s business aggravated to the extent that the rent is not paid.

In such a situation, Defendant B made a false statement to the victim on June 28, 2012, stating that Defendant B’s business is difficult to pay rent early. However, Defendant B would be using only one month when he/she lends KRW 90 million to the Plaintiff. First, Defendant B would be able to create a collateral mortgage as security for the money that he/she has not repaid with the money that he/she has borrowed and has not repaid, and to have it notarized in the name of her husband G.

However, in fact, A’s project aggravated as above. A’s apartment was established with priority over the maximum debt amount of KRW 220,440,00,00 with respect to the apartment owned by A, and A had already reached the amount equivalent to KRW 430,000,000, and thus, A had no intention or ability to pay the interest normally or to pay the principal, even if having borrowed money from the victim.

Nevertheless, on June 29, 2012, Defendant B, by deceiving the victim, was delivered KRW 90 million to the Agricultural Cooperative Account in the name of G on June 29, 2012.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of the witness F (in light of the attitude and content of the above witness's statement in this Court and the consistency of the witness's statement from an investigative agency, credibility is recognized in the above witness's statement);

1. Application of the law to record the suspect interrogation protocol as to Defendant B

1. The relevant Article of the Criminal Act and the defendant B who has chosen a sentence against the crime; and