1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That 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

The defendant is the representative director of Geumcheon-gu Seoul Metropolitan Government E, who is engaged in business management affairs.

On February 2, 2015, the Defendant officially guaranteed 12% interest per annum on the victim H at the “G” coffee shop located in Geumcheon-gu Seoul Metropolitan Government F when outside funds are entered into the company E, a representative director of which inside and outside funds are operated.

It will be treated as the loan of the company if it is lent KRW 80 million.

The repayment is to be made within one year, and the repayment is to be made within three months from the time when the repayment is requested.

“.........”

However, at the time of fact, the above corporation E was in a long-term state of exceeding KRW 4.99725 million, and it was difficult for it to conduct normal operations in 2014, such as the net loss in the year of 2014 reaches KRW 57290,000,000. Therefore, even if it borrowed money from the damaged person for the purpose of operating the corporation, it did not have the ability to repay it.

Nevertheless, on March 19, 2015, the Defendant, upon the victim’s false statement, received a check of KRW 80 million in face value from the restaurant of “J” located in “J” as of March 19, 2015 from the injured party, and deposited the same into the deposit account in the name of the said company.

Accordingly, the defendant deceivings the victim and let E, a stock company, acquire pecuniary benefits equivalent to KRW 80 million.

Summary of Evidence

The facts of the judgment

1. The statement to the effect that the defendant received the check from the injured party at the time and on the date and time set in the ruling, and that the company's financial standing was difficult at the time.

1. A statement made by the witness H to this effect in this court;

1. Any statement made to the accused prepared by the prosecutor in part suitable for the examination of the suspect;

1. Statement made to the accused, prepared by the assistant judicial police officer, suitable for H in the second-time suspect examination protocol;

1. Each statement made by the assistant judicial police officer with respect to H which conforms to the respective protocol.