A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On July 21, 2010, the Defendant was sentenced to three years for a violation of the Agricultural Products Quality Control Act in the Hongsung Branch of the Daejeon District Court on July 21, 201, and the judgment became final and conclusive on July 29, 2010.

On April 2009, the Defendant stated that “A victim C made a cancellation of the right to collateral security by subrogated for an amount equivalent to KRW 130 million against the right to collateral security established on a new apartment, and provided it as a collateral to Kim Jong-sung, thereby lending rice equivalent to KRW 230 million, and then making profits from selling it.” The Defendant made a false statement to the victim C, stating that “The amount of profit will be KRW 8 million for one month in which money is paid, and the principal will be repaid within one to two years.”

However, the Defendant was a bad credit holder at the time, and the D business located in Bo-si operated by the Defendant was bound to pay 10 million won per month to investors E and F, respectively, as well as to operate it with the inflation of the price of domestic rice in Korea. Whether to recover or not there was no particular property other than the outstanding credit related to the supply of domestically in Korea, and at the time, there was a suspicion of violation of the Agricultural Products Quality Control Act that included the distribution of domestically produced rice in the domestic rice distribution, and had been escape. Thus, there was no intention or ability to pay the principal to the victim the amount of KRW 8 million per month through the above rice sales business, or to repay the principal within 1-2 years.

Nevertheless, on May 4, 2009, the Defendant, by deceiving the victim as above, released the right to collateral security of KRW 192,000,000 of the amount equivalent to the maximum debt amount of KRW 192,00 (the amount equivalent to KRW 130,000,000), which is equivalent to the maximum debt amount of KRW 192,00,00 (the amount equivalent to the actual debt amount of KRW 130,000), and at the same time, had the victim establish the right to collateral security of KRW 299,00,00 (the actual debt amount of KRW 230,000,00), which is equivalent to the maximum debt amount of KRW 29,000,00.