A defendant shall be punished by imprisonment for six 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

The Defendant is a person who actually operated the “Cat” in Songpa-gu Seoul Metropolitan Government B from July 13, 2016 to November 201, 2016.

Around June 2016, the Defendant acquired the said Cmart through D and had no funds in the water at the time. The Defendant had a debt equivalent to KRW 34 million at the time, and due to bad credit standing, which is unable to conduct business registration normally. Therefore, the Defendant borrowed a loan under the name of another business operator and received it under the name of another business operator, and thus, was unable to supply the outstanding money without considering the intention or ability to operate the Empt. In order to be supplied with the outstanding money without considering the intention or ability to operate the Empt, the outstanding money of KRW 34 million, monthly rent of KRW 3850,000,000 (the amount shall be reduced to KRW 60,000,000,000,000 won, KRW 84,000,000,000,000 won, and KRW 4,50,000,000,000,000,000 from the customer.

On July 1, 2016, the Defendant issued a performance guarantee insurance policy equivalent to KRW 50 million with the victim's consent to the issuance of the performance guarantee insurance policy on August 10, 2016, on the following grounds: "In order to obtain goods from the customer in the open of the F insurance, the Defendant may obtain the goods, and the Defendant shall have a performance guarantee insurance policy to obtain the goods from the customer, and the annual sales shall be approximately KRW 5 million a day after the opening of the open, and there is no problem at all to pay the money in the performance guarantee insurance policy." The Defendant obtained the performance guarantee insurance policy equivalent to KRW 50 million with the victim's guarantor around August 10, 2016 with the consent of the victim to the issuance of the performance guarantee insurance policy.