A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant, from August 2013 to March 20, 2015, is the representative of the first company called D Co., Ltd. from Chungcheong City C and I to March 20, 2015, who operates a marina with the trade name called “E”.

On November 26, 2014, the Defendant entered into a credit transaction agreement with the victim, stating that “The Defendant would lend KRW 90,000 to an employee in charge of the lending of the victim well-sustaining Savings Bank Co., Ltd. every day on a weekly basis and transfer KRW 50,000,000 to an employee in charge of the lending of the victim well-sustaining Savings Bank Co., Ltd.” in Daejeon Metropolitan City.

However, at the time of receiving a loan from the injured party, the Defendant had a debt of KRW 130 million for financial institutions, KRW 20 million for employees' wages in arrears, KRW 300 million for attempted payments to customers. Since the financial situation such as the total sum of household checks with which the settlement date arrives is very high, there was no intention or ability to receive a loan from the injured party and repay it.

The Defendant was transferred KRW 90,00 to a national bank account under the name of the Defendant, from the damaged person on the same day.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The respective legal statements of F and G;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A protocol concerning the examination of each police suspect against H and I;

1. Statement made by the police with regard to F;

1. Complaint;

1. A certificate of all registered matters, a copy of business registration certificate, a shareholder list, a contract for acquisition of business rights, an application for credit transaction, a credit inquiry, financial statements, credit transaction agreement, additional agreement, additional agreement, meeting minutes of the board of directors, meeting minutes of the board of directors, rental agreement, promissory note transaction document, promissory note transaction document, lease contract, contract for transfer of claims, notice of transfer of claims, registered mail inquiry data, D closed-down information, current status of credit account of a borrower, details of credit transactions