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

Punishment of the crime

The Defendant is a person engaged in a construction business, and even if having borrowed money from others, the Defendant does not have an intention or ability to pay it properly;

1. On April 4, 2016, a notary public in Yangcheon-gu Seoul Metropolitan Government, who borrowed 50 million won from C law firm office to the victim D with a business fund, makes payment of the principal by paying 3% interest per month (1.5 million won) and makes payment after one year, and he/she obtains money from the victim through a corporate bank account in the name of the defendant on the same day.

2. On June 2, 2016, the victim under the Yangcheon-gu Seoul building F, Yangcheon-gu, Seoul: “If the victim lends 50 million won with business funds, the principal shall be paid three copies of the monthly interest (1.5 million won) and the principal shall be repaid by November 4, 2016,” and the victim shall receive 50 million won from the victim through the corporate bank account in the name of the defendant on the same day and shall receive 50 million won from the victim as the borrowed money;

3. On November 2, 2016, a false statement stating that “A person would repay KRW 30 million to the victim by the end of November 2016, if he/she lends the funds necessary for obtaining office room” from the above victim in the above E-building F, and then, he/she wired KRW 30 million to the victim first on the same day after receiving KRW 30 million from the victim through the corporate bank account in the name of the defendant on the same day, and then acquired KRW 5 million from the above borrowed money to offset KRW 22 million by the monthly rent deposit to be paid by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement of D police statement;

1. Account description, bill notarial deed, loan certificate, certificate of payment, statement of passbook receipt, and interest received from the victim, the defendant and his defense counsel at the time when the defendant borrowed money from the victim, to the defect repair construction cost claim against G, the contractor H and the corporation I.