A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The defendant is a person operating E in J in Jin-si, and around May 15, 2015, the victim F in the above E office from the above E office "G head office has the sales proceeds of KRW 140,000,000 from the G head office, but the sales proceeds of goods are generated from the G head office to deposit KRW 100,000.

Then, if only KRW 47 million is lent, the remainder is false as follows: (a) the head of the Gu shall deposit KRW 100,000 to the G head office, and shall be reimbursed for the sales proceeds of the goods immediately distributed; and (b) the victim was unable to obtain the remainder of the money from the said E office around May 29, 2015.

If the amount of KRW 50 million is loaned to the head office of G, the amount of sales of goods shall be KRW 140 million by remitting it to the head office of G.

In addition, when the sales proceeds of the goods are received, the false statement was made that the goods will be repaid KRW 98.5 million, including interest.

However, the Defendant did not have a claim to receive KRW 140 million from G head office as proceeds from the sale of goods. At the time, there was no particular property at the time, and there was accumulated deficit in operating the above E. The Defendant thought that the Defendant was able to partially repay the Defendant’s personal obligation by borrowing money from the damaged party because the Defendant was liable for the initial purchase price of goods equivalent to KRW 100 million to G head office, financial institutions and individuals with a large amount of KRW 100 million liability, and thus, there was no intention or ability to pay the said money to the victim as agreed.

In this regard, the Defendant: (a) by deceiving the victim as above; and (b) was transferred from the victim to the new bank account in the name of the Defendant to the new bank account in the name of the Defendant; (c) KRW 47 million around May 15, 2015; and (d) KRW 97 million around May 29, 2015, including KRW 50 million around May 29, 2015.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police with regard to F;

1. Each certificate of borrowing, each certificate of deposit without passbook, and a detailed statement of transactions;