A defendant shall be punished by imprisonment for one year.

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

On October 11, 201, the Defendant was a person who managed the building owned by D in Incheon Si-Si, Incheon, along with D, and was sentenced to a suspended sentence of two years for ten months in imprisonment with prison labor for fraud at the Ansan District Court, and the judgment on February 16, 2012 became final and conclusive.

On August 29, 2006, the Defendant: (a) around August 29, 2006, at the above building, leased a restaurant within the hospital to the victim E with “I would be able to pay money if I operate the restaurant within the hospital located in this building under this Sub-section; (b) there is no problem in operating the restaurant for the future three years; (c) the Defendant received KRW 30 million from the victim on the same day on the same day, stating that the lease is made to the effect that “I would be able to pay money if I operate the restaurant within the hospital located in this building under this Sub-section; and (d) concluded the lease agreement with the victim on the 31st day of the same month.

However, on October 18, 2002, the Defendant established the right to collateral security of KRW 2,08,000,000 with the maximum debt amount of the creditor bank, the right to collateral security of KRW 90,000,000,000 with the creditor F, around May 11, 2006, and around June 16, 2006, the creditor G maximum debt amount of KRW 75,50,000,00, in order to raise the construction cost of the building, and the Defendant and D were insufficient to lend money from the above F and G bonds companies in order to raise the construction cost of the building. Ultimately, the Defendant failed to repay the above debt on or around December 7, 2006, and it was decided to commence a voluntary auction with the creditor bank, but even if the above victim received the deposit from the above victim, there was no intention or ability to guarantee the victim to operate the restaurant normally.

Nevertheless, the Defendant made a false statement to the same effect as above to the victim. On August 29, 2006, the Defendant received 30 million won from the victim to the Defendant’s account under the name of the Defendant around August 29, 2006, and deposited 5 million won with the same account around the 31st day of the same month and 65 million won with the same account under the above D name.