A defendant shall be punished by imprisonment for one year.

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

Criminal facts

1. On November 8, 2010, the Defendant concluded that “Around November 8, 2010, the Defendant borrowed KRW 20 million to the victim D in an influent restaurant, which is in the conduct of the Silung City, with interest on KRW 50 million monthly interest, and the principal shall be repaid until September 8, 201.”

However, the Defendant was unable to smoothly collect the proceeds from the successful bid, and was unable to refund the proceeds from the auction by paying the proceeds from the auction with the money borrowed from another person. Since the debt incurred in the process amounting to KRW 2,30,000,000,000 per month, the Defendant did not have any intent or ability to repay the proceeds even if he borrowed the money from another person.

The Defendant, as above, by deceiving D, received KRW 20 million from D to E’s account, which is the same day from D, and received KRW 130 million in total from D, etc. by July 10, 2012, as indicated in the attached list of crimes (However, the total amount of damage in the attached list of crimes is corrected to 131,00,000).

2. The Defendant, from around 195, participated in an auction under the name of the victim F Co., Ltd. and sold the successful bid, and thereafter, was engaged in a transaction by depositing the auction price and fee into the victim company within 10 days from the date of the successful bid.

The Defendant, from around 2010 to around 2010, had been unable to refund the auction proceeds, etc. with the money borrowed from another person as a result of the smooth collection of the sales proceeds. Since the debt incurred in the process is more than 2.3 million won, the Defendant paid KRW 4-5 million interest per month, the Defendant did not have the intent or ability to pay the auction proceeds, etc. to the victim company even if he/she was awarded a contract for the transfer under the name of the victim company.

Nevertheless, on June 10, 2012, the defendant was awarded a show of money equivalent to KRW 30 million in the name of the victim company, but due to the above circumstances, he did not deposit KRW 8 million out of the above auction price with the victim company.