A defendant shall be punished by imprisonment for three years.

An application for remedy by an applicant for compensation shall be dismissed.

Punishment of the crime

The Defendant operated the F Limited Construction Company F in the Cheongdo in China (hereinafter “F”), and around December 2009, at the Cheongdo in the Cheongdo in China, the Defendant may raise monthly sales from G to the level of 550,000 square meters and bring about a business profit at the level of 550,000 square meters per month since he/she invested operating funds, such as purchase cost of raw materials of F, to G in the Cheongdo in China-si around December 2009.

For the purport that “H who received the said horses through the said G delivers the said horses to the victim E, and continuously Defendant is a company with no debt or sound amount of the said F, and if operating funds such as the purchase cost of raw materials are only funds, business profits may accrue. Accordingly, the interest and the company share will be given and the principal will be repaid two years later.

“The meaning of “.......”

However, at the time, the Defendant’s debt was approximately KRW 200 million, and the above F F, which the Defendant operated, had a large amount of 30,000 won per month, could not generate operating profit within the above F,50,000 won per month since it was difficult to prepare the purchase cost of the above F’s materials due to the occurrence of a large amount of 30,000 won per month. Therefore, even if the Defendant borrowed money from the injured party, the Defendant did not have the intent or ability to repay the principal and interest as agreed upon, and had the intent to repay the existing debt with the money borrowed from the injured party.

The Defendant, as such, by deceiving the victim, was transferred to the account in the above F, the sum of 2 million won ( approximately 360 million won in Korean currency) including the above bill on December 21, 2009 and the above bill on December 29, 2009, from the victim, to the account in the above F.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of suspect interrogation of the accused to the prosecution (including the part concerning H, E, and I statement);

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on investigation reports (the attachment of remittance details, etc.);

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;