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 became final and conclusive.

Punishment of the crime

On July 12, 2012, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Jeonju District Court on July 12, 2012, and the judgment became final and conclusive on October 24, 2012, and one year of imprisonment with prison labor for a violation of the Punishment of Tax Evaders Act at the Seoul Southern Southern District Court on April 24, 2014, and the judgment became final and conclusive on August 29, 2014.

On September 28, 2012, the Defendant stated that “Around September 28, 2012, the Defendant would pay the victim C after one month of the loan of KRW 50 million as the money is urgently required to take over a funeral hall in racing.”

However, in fact, the defendant was in excess of 200 million won due to the failure of business at the time, and there was no other state of profit or property and there was no clear financing plan necessary for the acquisition of the funeral hall. Therefore, even if the defendant borrowed money as the down payment necessary for the acquisition of the funeral hall from the victim due to the lack of possibility of receiving and operating the funeral hall within the short time, he did not have any intent or ability to repay it after one month.

The Defendant, by deceiving the victim as above, received 50 million won from the victim to the Agricultural Cooperative (D) account under the name of the Defendant on the same day.

On February 2, 2012, the Defendant called the victim E at an irregular place and called the victim E to pay KRW 300,000 or KRW 400,000 per month as he/she has failed to carry out the business due to the lack of KRW 100,000,000. The Defendant stated that he/she would return the principal within 20,000 or KRW 4,000 per month as his/her profits. The Defendant stated that he/she would return the principal within 3 months even if the business is not sexually dead.”

However, in fact, G and H take over the above funeral hall as a joint investment.