A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

On October 9, 2009, the Defendant prepared a “application for support of start-up funds for low-income group start-up funds” and “agreement on support of start-up funds” to the effect that “to use KRW 80 million as a fund for start-up funds and KRW 20 million as a fund for start-up operation of start-up funds” to obtain a loan for start-up funds for (ju)E operated by the Defendant in the following city C, the Defendant applied for loans to the public official in charge of the Defendant.

However, in fact, the defendant did not have the intention or ability to use the loan as the content of the above agreement because he thought that he will use the loan for his personal purpose, such as living expenses.

The Defendant was transferred to the Nonghyup Bank account in the name of F as a loan around April 19, 2010, from the victim’s “(g) Korean Microdice Association” to the Nonghyup Bank account in the name of F, around April 19, 2010.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Each police suspect interrogation protocol against the defendant;

1. Application for support of start-up funds, written agreement on support of start-up funds, application for withdrawal, lease contract;

1. Application of Acts and subordinate statutes to investigation reports (related to documents evidencing the purchase of machinery, etc. submitted by a suspect), investigation reports (verification as to whether there is any transaction between a tax accountant other than a tax accountant and I);

1. Determination as to the assertion by the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the defendant who is selected to imprisonment and his/her defense counsel

1. The alleged defendant borrowed a sum of KRW 80 million from the victim, including operating funds and KRW 20 million, but only used the above funds as operating expenses of the company after the termination of the lease contract due to the lack of yellow soil production in the land where the lease contract was concluded, and received a loan by deceiving the victim even though he did not intend to use the funds for the start-up fund.