A defendant shall be punished by imprisonment with prison labor for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Justice] On April 3, 2019, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Cheongju District Court on October 2019, and such judgment became final and conclusive on April 11, 2019.

【Criminal Facts】

From January 2012, the Defendant had been working for the C Facility Management Team of the same company as the victim B from around February 2015, and had the victim guarantee for loans of KRW 25 million, and had the victim requested several times, but continued to be requested for the performance of the guaranteed obligation. On September 2015, the Defendant demanded the victim to guarantee the increased amount of debt of KRW 50 million.

Around June 2016, the Defendant concluded that the Defendant would remove the victim’s guaranteed obligation from the Defendant’s guaranteed obligation in the Yongsan-gu Seoul Special Metropolitan City, Seoyang-gu, Seoul Special Metropolitan City, and that the Defendant would receive a loan and then receive a loan from the Defendant to repay the loan amounting to KRW 50 million.

However, at the time of fact, more than KRW 2 million was required to pay the monthly living expenses, and there was no special property, and even if the defendant received a loan and made the victim repay the loan in lieu of the loan, the defendant did not have the intent or ability to pay the loan to the victim.

The Defendant, by deceiving the victim as above, had the victim borrow KRW 65 million around June 27, 2016. On the same day, the Defendant acquired pecuniary benefits equivalent to the same amount by allowing the victim to repay KRW 48,430,310 to E Company, KRW 19,627,142 to E Company, KRW 9,627,142 to G Company, KRW 10,095,355 to G, and KRW 9,326,613 to H, thereby having the victim repay the total debt amount of KRW 48,430,310 to H.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of prosecutorial statement concerning B;

1. Protocol of each police statement concerning B;

1. A complaint;

1. Certificates of deposit transaction and details of deposit;

1. Previous convictions in the judgment: Criminal records, previous records and results of dispositions, and the application of Acts and subordinate statutes.