A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

The defendant, as the representative director of corporation B, who manufactures bathing equipment, has caused the same high school from the victim C as that of the defendant.

1. On September 2, 2013, the Defendant: (a) at the office E office of the victim’s management corporation located in Chungcheongnam-si, Chungcheongnam-si; and (b) at the victim’s loan of KRW 20,000,000,000 as the factory operation fund, the Defendant would pay the principal and interest to the victim within two months.

“.....”

However, in fact, the defendant's company has aggravated finances as much as the employee's benefits could not be paid, and the defendant does not have any particular assets or incomes to the 21 financial institution. Moreover, the defendant bears the total of KRW 50 million to the 21 financial institution, and the amount of KRW 750 million to the Small and Medium Business Corporation. Thus, the defendant did not have the ability to pay the amount even if he borrowed the amount from the injured party.

Nevertheless, the defendant concealed and deceives the victim of the above situation, and he received 20 million won from the victim as the borrowed money on the same day from the victim to the company bank account (F) in the name of the defendant.

2. On February 8, 2014, the Defendant requires the victim to pay the corporate card price and the overdue rent to the victim at the above victim’s office.

There is a promissory note with face value of 45,400,000 won, which is received on behalf of the holder, and the discount of the bill is changed. By April 30, 2014, which is the date of payment, the amount of the bill shall be paid or the full amount of the discount of the bill shall be repaid.

“.....”

However, in fact, a promissory note under the name of the Defendant (state) distribution in the name of the name of the (state that the Defendant delivered to the victim) was delivered by the Defendant to the branch without confirming the authenticity of the Defendant. Moreover, the Defendant has the ability to pay the above amount or return the discounted amount of the bill for the same reason as the written in the preceding paragraph.