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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 29, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for fraud at the Daegu District Court on September 29, 2016 and operated the main point on October 7, 2016 after the said judgment became final and conclusive.

On September 25, 2012, the Defendant opened the main points of “D” in Daegu-gu, Daegu-gu, and entered into an agreement on trading of alcoholic beverages with the victimized company at the victims’ new liquor office located in Geumsung-dong 765-8, Daegu-gu, Daegu-dong, and borrowed 30 million won to employees E with the operating fund of 30 million won every month from November 7, 2012.

The commitment was undertaken.

However, on April 5, 2012, the Defendant had already failed to make a real estate investment and had failed to repay a loan of KRW 150 million from Daegu Bank, etc., and operated an entertainment center for “G” from Daegu-gu, Daegu-gu, under bad credit standing. On April 5, 2012, the Defendant borrowed a 15 million operating fund from New Eenna, Co., Ltd., a partner company, a victimized company, from New Eenna, and borrowed a 15 million operating fund from New Eenna, a partner company. However, the Defendant was unable to pay more than seven million won due to the wind accumulated by the enemy, and there was no other assets.

In addition, the Defendant borrowed KRW 100,000 from E-gu I, etc. due to the lack of money.

Therefore, even if the Defendant borrowed 30 million won from the damaged person’s operating fund, the Defendant paid 8 million won of the existing debt and did not have the intention or ability to pay 3 million won in full from November 7, 2012 to 3 million won each month.

Nevertheless, the Defendant borrowed the operating fund on September 25, 2012 to pay the full amount normally, and, as if he/she were to fully repay 8 million won to the existing debt of the new Telecommunication Co., Ltd., the Defendant deceptioned the above E on September 26, 2012; and then, he/she was transferred from the damaged company to the Daegu bank account under the name of J, which was put by the Defendant on November 19, 2012.

Accordingly, the defendant deceivings the victim to total of 30 million won.