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

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Punishment of the crime

1. Around May 27, 2010, the Defendant stated that “The Defendant would make a new construction of the main apartment complex to the victim B” at the mutual infinite shop located in the Ysan-gu, Seoul Special Metropolitan City, that “I will pay the principal and apartment bonds after completing the construction of the apartment if I lent KRW 150,000,000,000 to the funds necessary for the purchase of the land.”

However, it is unclear whether the construction project was approved or completed by the Defendant at the time, which was promoted by the Defendant (after that, the Defendant failed to perform the construction project, and thereafter, the Defendant was incorporated in the C company with the above construction site and building permission), and the bank loan equivalent to 12 billion won for the construction project has not been confirmed whether it was implemented or not. However, even if the Defendant borrowed money from the victim, it did not have the intent or ability to pay the money borrowed from the victim by carrying out the construction project of the main apartment complex, such as the above promise.

On May 27, 2010, the Defendant, by deceiving the victim as above, received KRW 150 million from the victim as the loan borrowed around May 27, 2010.

2. On October 11, 201, the Defendant stated that “The amount of KRW 50 million should be added to the above construction for the victim’s house located in the building of the said victim’s house located in Busan Metropolitan City, Busan Metropolitan City.” The Defendant loaned KRW 50 million to the victim, including the money borrowed before borrowing KRW 50 million, will pay the principal and KRW 200 million, and KRW 100,000,000,000.”

However, at the time, the Defendant was uncertain as to the progress of the construction work, and it was difficult to pay interest to the financial institution with a debt of not less than 2.4 billion won. Even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to pay the money to the victim by carrying out the new construction of the main apartment complex, such as the said promise.

The Defendant, as above, was urged by the victim, and received KRW 50 million from the victim as the borrowed money around October 201.