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

except that 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

The defendant is a person who operates a golf course screened with the trade name of "B building in Busan B, 1st underground floor, and 2nd floor", and the victim D is a representative director of the E company, who engages in the golf Formula 2 sales business.

Around April 2015, the Defendant concluded that “C” golf course stating that “A had previously lent money to another person, which he/she had to have been repaid.” The Defendant provided a building to C golf course as security, would have paid KRW 100,000 per month during the period from October 6, 2015 to February 6, 2024, and would have sold C golf course immediately after the remodeling and repair work.”

However, at the time, the Defendant was liable for the loan obligations of financial institutions of approximately KRW 750 million and approximately KRW 200 million. The first floor and the second floor of the building of the screen golf club in the name of the Defendant F, which is the head of the Defendant, did not actually have any collateral value due to senior mortgage and provisional attachment. Since it was anticipated to lend money to another person due to the lack of remodeling construction cost, it was difficult to sell the above screen golf club due to complex legal relationship and the payment of construction cost, even if remodeling construction was conducted, there was no intention or ability to repay the loan even if the Defendant borrowed money from the victim.

As such, the Defendant, by deceiving the victim, received KRW 100 million from the victim’s account in the name of the Defendant on April 7, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Results of transfer management, entire certificate of registered matters, and application of credit information-related Acts and subordinate statutes;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Article 62(1) of the Criminal Act takes into account the circumstances in which the defendant's reasons for sentencing under Article 62(1) has agreed with the victim, and other age, character, character and environment of the defendant.