A defendant shall be punished by imprisonment for a term of one year and two 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.

Punishment of the crime

On July 6, 2011, the Defendant is urgently required to set up a ready-mixed factory to the victim E within the D coffee shop located in Sacheon-si, Sacheon-si.

To lend KRW 100 million, first of all, it shows a guarantee of financial right 10 million to the creditor of the party and extends the time limit for repayment, and when the construction is carried out, it is possible to pay 200 million won to the creditor of the party within 2 months from the facility funds from the Credit Guarantee Fund according to the degree of the construction.

“.........”

However, the Defendant, while deciding to establish the F and the above ready-mixed factory, was in charge of raising funds for himself, did not have secured funds other than KRW 100 million borrowed from the injured party out of KRW 80 million to KRW 900 million. In addition, the Defendant could not receive KRW 100 million guarantee and did not enter into a contract for the facilities because it did not pay the down payment and the intermediate payment KRW 300 million to the company in charge of the facilities. The Defendant borrowed the funds from the injured party in excess of KRW 40 million with no special property or profits at the time, and the Defendant did not have any intent or ability to pay KRW 200 million to the injured party’s creditor within 2 months since he did not intend to use the funds for personal debt and living expenses.

Nevertheless, the defendant deceivings the victim as above and acquired the amount of KRW 100 million from the victim's account to the G (State) corporate account of the defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. The second written protocol concerning the examination of the accused to the prosecution;

1. Entry of the defendant in E-mail in the first prosecutor's examination protocol against the defendant;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (Submission of a receipt and loan certificate of deposits without passbooks, H telephone conversations), and copies of bankbooks J by the National Bank in I;

1. Relevant provisions of the Act concerning facts constituting an offense;