A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On May 2015, the Defendant, along with E running a restaurant franchise D, made a joint investment and operation of D2 points to the Seoul Yeongdeungpo-gu Seoul Metropolitan Government F. After investing approximately KRW 115 million in the above restaurant and operating the business, the above restaurant became a deficit in the enemy while the restaurant was operating the business.

On November 2015, the Defendant came to know of the Defendant’s acquisition of a loan from the Plaintiff as collateral of the I factory site and factory located at the Gyeongnam-si Kim-si, Hamk-si, which was jointly operated by the victimized Party G, with the Defendant: (a) committed as if he would offer the said factory site, etc. as collateral; (b) established a collateral security on the said real estate under his own name; and (c) had the said factory-related persons and E receive a promissory note from the said factory-related persons to recover their investments by means of compulsory execution, etc. on the said

Accordingly, on November 1, 2015, the Defendant made a false statement to the Defendant, through J and E, that “The Defendant, through J and E, lent KRW 2,50,000,000 to the Defendant as security the I factory site and factory located in Gyeongnam Kim-si (State), to 12% interest per annum, and at a rapid time, extended a substitute loan from the Busan Bank to the Busan Bank at low interest rate of 30,000 won on the above real estate.”

However, even if the defendant was provided with loan-related documents from the injured party, the defendant did not have the intention or ability to lend the documents normally to the injured party.

Around the 17th day of the same month, the Defendant, by deceiving the victim, obtained pecuniary benefits equivalent to the amount of 300 million won by establishing a collateral security right at the site and factory of the above factory site from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The witness E's statement at the second trial date;

1. Part concerning each of the statements in the first interrogation protocol of the prosecution against the defendant in question

1. J.