Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

The defendant is a person who served as the representative director of C, and the victim D has served as the representative director of E.

On December 16, 2010, the Defendant made a false statement to the victim’s office located in the seventh floor of the Gangnam-gu Seoul F Building that “A Co., Ltd. is promoting H business of a size of 1.5 million square meters in all south G, and if I paid only profit-making expenses to an overseas aviation-related service provider of I, it would immediately include a large amount of investment.” If the service cost is leased to KRW 300 million, the Defendant would be repaid within three months.”

However, at the time, C was not able to carry out business because it was not able to secure the investment amount at all other than 50 million won of capital, and even if the Defendant was individually liable for the debt amounting to KRW 180 million to J, etc., the Defendant did not have any intent or ability to repay the debt within the agreed three months.

Nevertheless, the defendant deceivings the victim as above and took over 300 million won from the victim to C's corporate bank account (K) on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. The third protocol of interrogation of the accused in the police preparation;

1. Statements and entries of witnesses D (the second protocol of trial), L (the third protocol of trial);

1. Each legal statement of witness M and N;

1. The Defendant, following the instant monetary loan contract, a copy of the register, a deposit certificate, and a recordbook, followed the instant 300 million won and subsequently invested 700 million won, the instant 300 million won was to be diverted to investment funds. In the process of borrowing 300 million won of the instant case, the Defendant did not engage in deception in the process of borrowing 300 million won, and the instant facts charged are denied in the absence of causation between the Defendant’

Witness

M and N work for E Co., Ltd. and close to the victim, and the witness L Co., Ltd., a corporation that carries on a business similar to C.