A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On September 25, 2016, the Defendant called the representative director of the Victim B Co., Ltd. (hereinafter referred to as the “victim”) at Fluxa on September 25, 2016 and borrowed only KRW 7 million to C and repaid within one month.

“A false statement is made to the effect that it is false, and on October 5, 2016, from the victim company located in Seocho-gu Seoul Metropolitan Government D, “A loan of KRW 23 million” to C. There is money to be received from the existing construction, and the said money may be paid off to C within two to three days.

It shall be paid in a lump sum within one month, together with 7 million won borrowed money.

“A false representation is made in the content.”

However, there was no construction cost that the Defendant could receive from another person at that time, and there was no intention or ability to repay even if the Defendant borrowed money from the victimized company due to the fact that the obligation exceeds KRW 416 million.

Nevertheless, the Defendant received KRW 7 million from C on September 25, 2016, and KRW 23 million on October 5, 2016 from the new bank E account under the name of the victimized Company to the corporate bank F account in the name of the Defendant’s name, and received KRW 30 million in total twice from the new bank E account in the name of the victimized Company to the corporate bank F account in the name of the Defendant.

As a result, the defendant by deceiving C, received property from the victimized company.

Around February 25, 2015, the Defendant stated that “Around February 25, 2017, the Defendant would pay KRW 14,560,000 to the Victim H by purchasing materials, such as horse trading, ceiling work, etc., and paying KRW 1,456,00,000,000 for the Jeju-si Construction site for the fourth floor house in Young-gu, Young-gu.”

However, in fact, the defendant did not own property at the time and did not have fixed income and bears a debt equivalent to 50 million won, so even if the victim did not have the intent or ability to pay personnel expenses.

As can be seen, the Defendant: (a) by deceiving the victim; and (b) from February 25, 2015 to March 20, 2015, the victim mobilized four other trees at the construction site from February 25, 2015 to March 20, and did not pay personnel expenses.