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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Presumption Facts] Around June 2, 2012, the Defendant: (a) concluded a lease agreement with the victim D that “(s) is the representative director of a regular processing company E; (b) a factory is required to operate a regular crushing plant by leasing a factory; and (c) the Defendant did not have the company capital at the time of the conclusion of the lease agreement; (d) the Defendant was unable to operate a regular crushing plant normally by receiving a non-permission of regular crushing business from the military office; and (e) was to use the warehouse temporarily for the purpose of regular crushing.
[Criminal facts]
1. On July 30, 2012, the Defendant entered into a contract with the victim for the export of regular pulvers to the company located in Preamble Co., Ltd. on or around 30, 2012, stating that “The Defendant shall manufacture sampling machinery as if he/she was equipped with sampling machinery in the construction work in the reason of Preamble Co., Ltd., and borrowed 65 million won as the cost of manufacturing machinery and would immediately receive the down payment from the construction in Preamble Co., Ltd. on or after borrowing 65 million won, but the fact that the export contract for Pulvers is not finalized and thus, even if the Defendant borrowed money from the damaged person, he/she did not have the intent or ability to repay the money, he/she shall obtain from the injured person the total amount of 65 million won as the borrowed money and shall obtain it from the injured person on or around July 30, 2012.
2. On October 25, 2013, the Defendant stated that “I will receive and repay investment money if Chinese withdrawal equipment is leased to a Chinese company for business progress” from the new Jung-gu Seoul National Bank, Jung-gu, Seoul. However, despite the fact that the Defendant could not normally operate the company due to lack of funds and did not have the intent or ability to repay the money even if it borrowed additional money from the damaged party, it shall be KRW 2 million around October 25, 2013 and around January 14, 2014.