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

However, 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

On June 1, 2015, the Defendant was employed by the Defendant at an influent place and was working as an article of Magles from the victim B, who proposed that “I would have been the independent time to pay monthly installments so that I would operate Magles.” If the Defendant completely pays KRW 79.2 million, which is the sum of the principal and interest of the loans that the Defendant received in purchasing Magles, by paying a certain amount each month, the Defendant agreed to transfer the ownership of Magles to the victim. From around that time to June 15, 2016, the Defendant was paid KRW 36.4 million from the victim to June 15, 2016.

On July 4, 2016, when there is a shortage of money to pay taxes, etc. incurred while running a business at an unsound place, the Defendant: (a) borrowed KRW 74 million from D Co., Ltd. on the condition that he/she repaid KRW 60,929,676, which is the balance of the existing loan, as security; and (b) provided additional loans, and (c) provided the victim with a belief that if he/she fully pays only the principal and interest of the existing loan, he/she would be able to transfer the ownership of the said B Co., Ltd. by notifying the victim thereof.

However, the Defendant was in arrears with taxes such as global income tax at the time, and it was difficult for the Defendant to pay the principal and interest of the loan to four athletes who previously purchased the property and income at the time. Therefore, even if the amount equivalent to the principal and interest of the existing loan was paid from the victim as the purchase price for the above Pokes, the Defendant did not have the intent or ability to transfer the ownership of the above Pokes to the victim normally.

If only the principal and interest of the existing loan is paid by deceiving the victim as such, the Defendant is 22 times in total as indicated in the list of crimes in annexed hereto from July 18, 2016 to January 10, 2018.