A defendant shall be punished by imprisonment for six months.

However, 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

The Defendant is a person who operated a mutually unique sales agency of “D” that sells food, such as edible milk and powder, after being supplied with food by C.

On December 21, 2010, the Defendant made a false statement to the effect that “The Defendant would use only one week if he/she lends money due to the lack of the amount of delivery,” by posting a telephone to the victim E.

However, at the time, the Defendant had difficulty in running the business, and there was a debt equivalent to about 300 million won, so even if he borrowed money from the victim, he did not have an intention or ability to repay it.

The Defendant, by deceiving the victim as above, received 36,900,000 won from the victim as the borrowed money on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant and his/her defense counsel asserts that the criminal intent of defraudation is not recognized because the defendant and his/her defense counsel had the ability to repay because the assets exceed the liabilities at the time when he/she borrows money from the victim, such as whether the defendant and his/her defense counsel recognized the criminal intent of defraudation.

It is true that the amount expressed by the defense counsel as of December 21, 2010 by the defendant's obligation details as of December 21, 2010 is deemed to have been significantly below the amount equivalent to KRW 504,236,840 as of December 256,85,268.

However, in real estate assets (appraisal value 417,314,840) held by the defendant at the time, it was difficult to dispose of the property as provisional attachment and collateral security, which are imminent to the market value, was established. The F's claim for the price of the goods equivalent to KRW 86,922,00,000, which is considered as the bond assets, also seems to have been virtually unlikely to recover due to the debtor's business depression.

(F) In addition, when the defendant's debts are examined, the details of the obligations presented by the counsel are limited to the obligations of financial institutions, provisional seizure, etc. identified by the credit information agency.