A defendant shall be punished by imprisonment for one year.

The defendant shall apply 32,200,000 won to D for a compensation order and the compensation order.

Punishment of the crime

Around November 2012, the Defendant: (a) at the main H office of the Defendant’s operation at Changwon-si’s window G, there is a business entity that trades for a long time; (b) however, due to the credit extended by the business entity, it is necessary to pay off at the end of the year; (c) due to the low credit extended by the bank, it is desirable to make a short-term use of money and increase credit extended by making loans to the bank; (d) the Defendant is able to receive interest and principal at a high rate if he/she takes out short-term financing; and (e) if he/she lends money, only a little amount of interest that he/she sub-leases to the relevant corporation would be able to secure high interest income for the period of four months; and (e) a false statement was made to the effect that the seeds of the real estate owned by him/her was also prepared.

However, the fact was the intention of the victims to use the money borrowed from the victims to build a new factory of the (State) H, and there was no special property or surplus fund, and there was no intention or ability to repay the interest and principal after four months.

On November 14, 2012, the Defendant, by deceiving the victim as such, obtained KRW 15 million from the victim E, KRW 14.4 million from the victim D, KRW 35.6 million from the victim E on November 30, 2012, KRW 17.8 million from the victim D, and KRW 17.8 million from the victim F to the account in the name of the Defendant’s wife, and acquired the total amount of KRW 1.6 million from the victim F to the account in the name of the Defendant’s wife.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to accusations and written opinions by complainants;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Grounds for sentencing under Articles 25 (1) 1, 31 (2) and (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with Orders for Compensation and Declaration of Provisional Execution;

1. The types of recommendations according to the sentencing criteria;