A defendant shall be punished by imprisonment for one year.

An application filed by an applicant for compensation shall be dismissed.

Punishment of the crime

On June 2007, the Defendant issued a victim F with the H Co., Ltd.’s office located in 303 of the Mapo-gu Seoul Metropolitan Government GG Building an order of KRW 6 billion in total with respect to waste disposal in the Incheon Southerndong Industrial Complex and the Gyeonggi-do Seocheon Industrial Complex. In order to carry out the above business, it is necessary to provide a security in order to borrow money from the bond company due to the necessity of business funds. On the completion of approximately 3 months, profits equivalent to KRW 1.8 billion will occur, but it would be 1.8 billion upon the completion of the business. It would be possible to pay the money without any reasonable basis and resolve the collateral, and there is a difference between KRW 97,48 square meters in amount as security and KRW 97,48 square meters in amount as well as KRW 100 million loaned from the Agricultural Cooperative around 2005.”

However, there was no fact that the Defendant received waste disposal services equivalent to KRW 6 billion, and at the time, the Defendant did not have any intent or ability to repay the existing bonds borrowed from the victim within three months, because he/she had no intention or ability to repay the collateral, because he/she had no intention or ability to repay the bonds borrowed from a company bank, etc. in relation to the operation of the JJ corporation, which is a separate company for the operation of the Defendant.

Around June 20, 2007, the Defendant, by deceiving the victim as above, had the victim obtain pecuniary benefits equivalent to the maximum debt amount, by setting up a mortgage on the above-mentioned farmland amounting to KRW 375,00,000 with respect to the secured debt amount of KRW 250,000 against K by the bond business operator of the Defendant against the bond business operator of K. The Defendant acquired pecuniary benefits equivalent to the maximum debt amount.

Summary of Evidence

1. Legal statement of the witness L;

1. The defendant's partial statement in the second protocol of trial;

1. Witnesses F in the fourth trial records;